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Southbridge Town Council Meeting Minutes

Minutes of Meetings, 2007
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COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, DECEMBER 19, 2007

A Council of the Whole meeting was held on Wednesday, December 19, 2007, in the Robert MacKinnon Council Chambers of the Town Hall.

Agenda Item #1. Chairman will call the meeting to order. Chairman McDonald called the meeting to order at 705 p.m.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

Agenda Item #3. Executive Session - Employee Discipline.

Council Chairman McDonald asked Town Manager Carlisle if he wanted a public session, and Mr. Carlisle stated he wanted a public session so the public can see clearly what is transpiring. Chairman McDonald stated this was a disciplinary hearing.

Councilor Chernisky described the past efforts to clarify the Town's Personnel Regulations regarding payments to non union employees. Councilor Chernisky described the Town Manager's subordinate status to the Town Council. Councilor Chernisky described that the Town Manager had not followed the will of the Council, and as such made a motion to recommend the full Council vote to approve placing a letter of reprimand in the Town Manager's file along with a one week suspension. This was seconded by Councilor Regis.

Councilor King stated one week was not enough, and that he wanted a month's suspension because the Town Manager's "track record of insubordination supersedes a simple week's vacation."

Councilor Lazo stated the Town had fired the last Town Manager for less. Councilor Lazo stated the current town manager is a "very devious person," and he wanted to remove him now, and he would vote for no other discipline short of that.

Chairman McDonald asked for rebuttal.

Town Manager Carlisle's attorney, Attorney Robert Hennigan, described factual errors in the written notification concerning a disciplinary hearing, dated 12/6. Attorney Hennigan described the notice as defective, including the incorrect dates of 5/30/07, actually meaning the meeting of 5/21/06. Attorney Hennigan further referred the incorrect date of 5/30/07, as well as the incorrect date of 9/16/07, as described in this 12/6/07 notice. Attorney Hennigan stated prior to issuing any form of discipline all the facts related to this should be articulated correctly, and should be put on the record correctly. Attorney Hennigan requested the Chairman consider this a defective notice and that a new notice be issued, and that a chance to speak is given prior to any action being taken.

Attorney David Jenkins of Town's attorneys Kopelman and Paige spoke, and described the applicable sections of the Town Charter regarding removal of the Town Manager. Attorney Jenkins stated the new charter adopted in 2003 was unlike the old charter, in that the only requirement is a 5 vote majority of the entire Council. Attorney Jenkins stated under the new charter the Town Manager serves at the pleasure of the Council. Attorney Jenkins stated regarding the errors in the letter of 12/6, this could be fixed by making a motion to amend the notice by changing the following dates: In paragraph one, it should read "on or about 5/30/06....for FY08,...;" and in paragraph two it should read ".....rejected on 5/30/06.....;" and in paragraph three it should read ".....on or about 9/16/06 you authorized a payment....."

Councilor O'Brien made a motion to vote the Town Council amend the 12/6/07 notice of a disciplinary hearing to the Town Manager, as described by Attorney Jenkins above. This motion was seconded by Councilor King. Vote to amend the language of the 12/6/07 letter as described above, by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Town Manager Carlisle read a statement regarding this case (see attached).

Further discussion was held. Councilor King stated he wanted to amend the current motion on the floor to suspend the Town Manager for two weeks instead of one. Councilor Chernisky seconded this motion. Further discussion was held. Councilor Lazo stated he would prefer to remove the Town Manager. Councilor O'Brien stated he too would be voting against this amendment because he felt it was time to terminate the current Town Manager's contract.

A recess was held between 7:49 p.m. and 7:55 p.m.

Councilor King withdrew his current amendment to the motion on the floor, and Councilor Chernisky withdrew his second to amend the current motion on the floor. Councilor Regis asked Attorney Jenkins if disciplining the Town Manager would cause problems for the Town. Attorney Jenkins stated the Charter speaks to no discipline except termination, and with the power to terminate comes the unspoken power to discipline as well. Attorney Jenkins stated that as Mr. Carlisle was a non union employee he served at the pleasure of the board, and progressive discipline is not required.

Vote to suspend the Town Manager for one week and to place a letter of reprimand in the Town Manager's file, by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Councilors opposed: Lazo, O'Brien, and Vandal. Vote passes.

Councilor Lazo made a motion to retain Kopelman and Paige to pursue all other issues raised with the 12/12/07 letter to Town Councilors to the Town Manager, seconded by Councilor O'Brien. Vote by roll call, Councilors in favor: King, Lazo, McDonald, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky, Livengood, and Nikolla. Vote passes.

Councilor Chernisky made a motion to adjourn, seconded by Councilor Livengood. Vote by show of hands, all in favor. The meeting adjourned at 8 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, DECEMBER 10, 2007

A meeting of the Southbridge Town Council was held on Monday, December 10, 2007, in the Robert MacKinnon Council Chamber. Chairman McDonald called the meeting to order at 7:08.

Agenda Item #1. Pledge of Allegiance. Chairman McDonald led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors excused: Lazo.

Agenda Item #3. Consider and accept the minutes of the following meetings:

November 28, 2007 Council of the Whole. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to accept these minutes. Vote by show of hands, all in favor.

December 3, 2007, Joint with Southbridge Housing Authority and regular meeting. A motion was made by Councilor O'Brien, seconded by Councilor Regis, to accept these minutes. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee Reports:

  • General Government. Councilor O'Brien read the minutes of the 12/4/07 meeting, and amended the motion within these minutes to read as follows: "A motion was made to accept the proposed electrical services contract with Glacial Energy, subject to the condition proposed by Councilor O'Brien for review during a five month trial.
  • Department of Public Works. Councilor Vandal stated there was a meeting on 12/12/07 at 7 p.m. in the Rice Conference Room.
  • Education and Human Services. Councilor Nikolla stated she had no minutes to read.
  • Planning and Development. Councilor Livengood stated he had no minutes to read.
  • Protection of Persons and Property. Councilor Lazo was not present at the meeting.
  • Town Manager. Councilor Chernisky read the minutes of 11/14/07 meeting.

Agenda Item #5. Chairman's Announcements

Chairman McDonald had no announcements.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle stated the Town Common lights were up and operating, with a little more electrical work to be done.

Mr. Carlisle stated the water and sewer budget reviews and rates would be discussed at a hearing on 12/17/07 at 10 a.m. in the Town Hall. Mr. Carlisle stated DPW would be discussing these rates at their 12/12/07 meeting.

Mr. Carlisle stated the contract for review of the high school media center had been reviewed and awarded, and was now going to the attorney, then to the Town Accountant, then to the Town Council.

Mr. Carlisle stated the $211,000 contract to repair Pleasant Street was now ready for approval, with putting the road back into shape to be done some time in the spring.

Agenda Item #7. Citizens' Forum

Hamer Clarke of Southbridge, Massachusetts, formerly the Director of the DPW, brought his retirement cake to share with Town Councilors, and to thank everyone in his department who had made the local DPW such a success.

Chairman McDonald called a recess at 7:23 p.m., so everyone could get a piece of cake. The meeting resumed at 7:26 p.m.

Chairman McDonald stated Agenda Item #8 would come later in the meeting.

Agenda Item #9. Vote to ratify a Commercial/Industrial Electric Agreement with Glacial Energy of New England, Inc. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item.

Discussion was held. Councilor O'Brien made a motion to amend this Agenda Item as follows: Vote to ratify a Commercial/Industrial Electric Agreement with Glacial Energy of New England, Inc., to be reviewed during a five month period and compared to a proposal by World Energy Solutions, or other energy providers. This motion to amend was seconded by Councilor Chernisky.

By roll call, vote to amend Agenda Item #9 as above. Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9 (as amended). Vote to ratify a Commercial/Industrial Electric Agreement with Glacial Energy of New England, Inc., to be reviewed during a five month period and compared to a proposal by World Energy Solutions, or other energy providers. A motion was made to vote this item by Councilor O'Brien, seconded by Councilor King. Vote by roll call, Councilors in favor: King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky. Vote passes.

Agenda Item #10. Vote to ratify a Contract for Designer Services with Reinhardt Associates, Inc. in the amount of $19,800 for the feasibility study and design for demolition or securing of the High School Media Center. A motion was made by Councilor Chernisky, seconded by Councilor O'Brien, to vote this item.

Councilor Nikolla stated this funding would provide a feasibility study to help the town determine the course of action.

Agenda Item #10. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #11. Vote to authorize the Town Manager to proceed with the procurement process for repairing the Southbridge High School Library and that $30,000 is appropriated for engineering services for the feasibility study and design for demolition or securing of the High School Media Center; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $30,000 under Chapter 44 of the General Laws; and that the Town Manager is authorized to take any other action necessary to carry out this project.

2/3 Roll Call Vote Required

A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to vote this item.

Councilor Nikolla stated $19,800 of this was for the feasibility study, and the other amount was for any permitting or required fees, and possibly not all this money would be spent. Councilor Chernisky asked about using the Council Reserve. Mr. Carlisle stated if this is the only charge associated with this large project, then when the borrowing comes due in June of 2008 it is possible it could be paid without borrowing.

Agenda Item #11. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #8. Tax Classification presented by the Board of Assessors.

Principal Assessor Wilfrid Cournoyer gave an overview of the tax classification (see attached). Councilor O'Brien asked if the Armory reimbursement would impact the tax rate, and Mr. Carlisle stated only about $160,000 to $180,000 can be refunded to the Town's general fund, and the rest goes to the principal of the loan. Councilor Chernisky asked why the target of a 0% tax increase had been missed, and Mr. Carlisle described the increased costs of the Town's contribution to health care as a primary cause. Councilor Regis asked if the tax exemptions carried a minimum income qualification, and Mr. Cournoyer stated the Town of Southbridge had adopted the clause for Chapter 41c 1/2, which relaxed the income requirements considerably. Councilor Regis asked for the Enterprise Fund figures, which the Town Accountant provided. Councilor Vandal asked how the definition of an average single family tax bill was determined, and Mr. Cournoyer stated by dividing the total value of single family homes by the number of homes. Councilor O'Brien asked how the vote on Agenda Items #15 and #16 would impact the tax rate, and Mr. Carlisle stated these votes would help to drive down the overall tax rate increase. Councilor O'Brien asked what the impact would be if the Council did not make tonight's votes. Mr. Carlisle stated the State of Massachusetts was placing great pressure on the Town to tax at the maximum allowable levy, as did many communities, but so far Southbridge had not. Councilor Regis stated next year she would prefer to have the public hearing on water and sewer first, and then set the tax rate. Mr. Cournoyer stated if the Council agreed with this assessment, then the proper procedure would be to vote yes on Agenda Item #18, no on Agenda Item #19, and yes on Agenda Item #20.

Agenda Item #12. Vote to transfer $105,000 from the Stabilization Fund to the General Fund to fund a portion of the amortization amount under Chapter 475, Acts of 2004.

2/3 Roll Call Vote Required

A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Councilor Chernisky asked where this left the balance, and Mr. Carlisle stated about $195,000. Councilor Regis asked what the current Stabilization Fund balance was, and Mr. Carlisle stated it was $318,000 as of this morning.

Agenda Item #12. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #13. Vote to reduce the General Fund appropriation for the FY 2008 S.W.C.R.V.S.D. (Bay Path) assessment account #1.945.5650.0/590 from $1,194,336 to $1,177, 617, a reduction of $16,719. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #14. Vote to apply $1,000,000 being part of the July 1, 2007 Certified Free Cash to reduce the FY 2008 Tax Levy. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #15. Vote to amend the Water Enterprise Fund budget by reducing the appropriation to account #610.450.5830.0.91256 Capital Reserve from $100,000 to $50,000, a reduction of $50,000. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #16. Vote to apply $180,000 being part of the July 1, 2007 Water Enterprise Fund Certified Retained Earnings to balance the FY 2008 Water Enterprise Budget. A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #17. Vote to accept, pursuant to M.G.L. Chapter 44, Section 53A, the contract agreement from the Commonwealth of Massachusetts to reimburse the Town of Southbridge for the sum of $737,000 for a one time payment related to the purchase of the Armory. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item.

Councilor King thanked State Rep Alicia for his help in this matter. Councilor Vandal asked how much interest the Town would pay, and Mr. Carlisle stated it would be between $300,000 and $400,000. Councilor Vandal asked why it was this much, and Mr. Carlisle described the time since the initial purchase and borrowing. Councilor Chernisky asked if the money reimbursed would be invested prior to due payments, and Mr. Carlisle said yes.

Agenda Item #17. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #18. Vote to establish the tax classification of 1.00 for tax purposes. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #19. Vote to adopt varied classifications of property for tax purposes including open space discount and residential exemption. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors opposed: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote fails.

Agenda Item #20. Vote to adopt a single tax rate for all classes of property. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #21. Vote to rescind the vote taken on May 7, 2007 Agenda Item #12 - Vote to appropriate the sum of $40,000.00 to purchase and install a Reverse 911 phone system from the sole source vendor Sigma Communications by raising and appropriating the sum of $28,000.00 representing the General Government and School utilization and by appropriating the sum of $4,000.00 each from the three enterprises of Sewer, Water, and Solid Waste Services. A motion was made by Councilor King, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #22. Vote to raise and appropriate the sum of $28,000.00 for small vehicle capital FY 2008 Capital Budget (possible police cruiser). A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item.

Councilor Chernisky asked why this couldn't be held in another fund. Discussion was held. Town Accountant Harnois said this is the best fund in the event of a vehicle purchase, and if need be the money could be removed from this account and placed elsewhere.

Agenda Item #22. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #23. Vote to amend the vote of August 27, 2007, Agenda Item #16 - Vote to raise and appropriate $399,500.00 to the FY 2008 Solid Waste Capital Outlay Account to be funded from Solid Waste Revenues, as follows: Vote that $399,500.00 is appropriated for the design of a roadway from Worcester Street to the Landfill Access Road near the Barefoot Road intersection; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $399,500.00 under Chapter 44 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes therefore.

2/3 Roll Call Vote Required

A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item.

Councilor King stated a positive vote on this item would carry out the will of the voters during the June 2006 town election. Councilor Vandal stated if it went back on the ballot and people knew the cost they wouldn't vote for it. Councilor O'Brien stated he would be voting for it because he felt the Town was contractually obligated to build this road.

Agenda Item #23. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, and Regis. Councilors opposed: Vandal. Vote passes.

Agenda Item #24. Vote to appropriate the sum of $150,000.00 to carry out various capital improvements on the Cotton property and the Guelphwood Road property, to be known as the Combined DPW Facility, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as amended; and to authorize the Treasurer, with the approval of the Town Manager, to raise and appropriate said funds by issuing bonds or notes under Section 7 and/or 8 of Chapter 44 of the General Laws and/or Chapter 29C, which bonds and notes shall be the general obligation of the Town unless the Treasurer, with the approval of the Town Manager, determines that the bonds and notes should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C.

2/3 Roll Call Vote Required

A motion was made by Councilor Livengood, seconded by Councilor Vandal, to vote this item.

Councilor King said he couldn't support this, as the blank check spending continues for this building.

Councilor Chernisky stated he was concerned that Barr was not being held accountable for things that they did that were costing the Town money. Councilor Chernisky stated this project is costing so much more than anyone ever anticipated. Councilor Chernisky made a motion to refer this item to a Council of the Whole, seconded by Councilor O'Brien.

Chairman McDonald called for a recess at 9:10 p.m. The meeting resumed at 9:20 p.m.

Councilor Chernisky withdrew his previous motion. Mr. Carlisle stated a meeting before the end of the year or early into next year would indeed be helpful in ironing this out, and to express the Council's displeasure at the way this thing is going, and to more accurately determine the best way forward.

Agenda Item #24. Vote by roll call, Councilors in favor: Chernisky, Livengood, McDonald, Nikolla, Regis, Vandal. Councilors opposed: King, O'Brien. Vote passes.

Agenda Item #25. Councilors' Forum

Councilor Chernisky stated prior to awarding a contract with Barr, someone had come before the Council warning against it, and the Council disregarded this advice. Councilor Chernisky stated in retrospect the Council should have followed this advice, as Barr has been absolutely awful on this project.

Councilor Chernisky wished everyone a Merry Christmas, and God bless to all.

Councilor King stated to honor Shaun Moriarty and his current health struggles the Town should find a way to finish the fencing for the Little League.

Councilor King congratulated the Town Clerk for achieving her Massachusetts Municipal Clerk Certification.

Councilor King wished his fellow Councilors a Merry Christmas, and Happy New Year, and a safe and happy holiday for all the citizens.

Councilor O'Brien reminded everyone that the Citizen Member appointments expire at the end of the month.

Councilor O'Brien stated she had received a number of calls this week following the story in the T&G related to hazardous waste from Charlton finding its way into the Southbridge landfill.

Councilor O'Brien wished everyone a happy and safe holiday season, and the best for the new year.

Councilor Regis wished everyone a happy and healthy New Year, and she looked forward to working with fellow councilors in the new year.

Councilor Livengood wished everyone a Merry Christmas, and a Happy New Year, and for everyone to remember the less fortunate.

Councilor Nikolla wished everyone happy holidays, and a kinder and gentler Council in 2008 for all of us.

Councilor Vandal asked who agreed to accepting contaminated soil in the landfill, and Mr. Carlisle stated he could get an answer.

Councilor Vandal stated he didn't think the temporary replacement for Mr. Clarke should make as much as the permanent replacement, and that he doesn't need an assistant. Councilor Vandal stated he didn't feel Mrs. Loin should be allowed to work from home, and wondered why she now had an assistant. Councilor Vandal stated all these jobs should be done by the Town Manager.

Councilor McDonald expressed concern about the material coming from Charlton.

Councilor McDonald wished all the staff of the Town a Merry Christmas and Happy New Year.

Agenda Item #26. Discussion of next meeting date. Councilor O'Brien recommended 1/7/08, seconded by Councilor King.

Councilor O'Brien made a motion to adjourn, seconded by Councilor King. The meeting adjourned at 9:34 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, DECEMBER 3, 2007

A meeting of the Southbridge Town Council was held on Monday, December 3, 2007, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:07 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman McDonald led the Council in the Pledge of Allegiance.

Agenda Item #2. The Southbridge Town Council is meeting with the Southbridge Housing Authority to fill a vacancy on the Authority.

Agenda Item #3. Roll Call - Town Council. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

Roll Call - Southbridge Housing Authority. Members present: Mr. Boutilette, Mr. Cournoyer, Mr. Marino.

Agenda Item #4. Candidate interview. There were no candidates to interview.

Agenda Item #5. Vote to nominate a candidate to fill the vacancy on the Southbridge Housing Authority until the next Town Election in June of 2008. Councilor King made a motion, seconded by Councilor Chernisky, to nominate Mario Bernardone of Southbridge to fill this vacancy. Vote by roll call: Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Southbridge Housing Authority members in favor: Mr. Boutillette, Mr. Cournoyer, Mr. Marino. By a unanimous vote the nomination passes.

Agenda Item #6. Please allow the Housing Authority to leave the dais.

Agenda Item #7. Consider and accept the minutes of the November 19, 2007 meeting. A motion was made by Councilor King, seconded by Councilor O'Brien, to accept these minutes. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors abstaining: Regis.

Agenda Item #8. Subcommittee reports:

  • General Government. Councilor King stated there was a meeting scheduled for 12/4/07 at 7 p.m. in the Rice Conference Room.
  • Department of Public Works. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
  • Education and Human Services. Councilor Nikolla gave a brief report on the progress of the Southbridge High School media center, and stated as soon as required an EHS Subcommittee would be held to move along the process.
  • Planning and Development. Councilor Livengood stated the next meeting was scheduled for 12/6/07 at 7 p.m. in the Rice Conference room.
  • Protection of Persons and Property. Councilor Lazo read the minutes of the 11/27/07 meeting.
  • Town Manager. Councilor Chernisky read the minutes of the 9/17/07 meeting, and stated a meeting was scheduled for 12/5/07 at 7 p.m. in the Rice Conference Room.

Agenda Item #9. Chairman's Announcements

Chairman McDonald had no announcements.

Agenda Item #10. Town Manager announcements

Town Manager Carlisle introduced Lynn Simonds of Southbridge Community Connections, who were the recipients and distributors of the Town's excess computers. Mrs. Simonds thanked the Council for allowing Southbridge Community Connections to distribute these units to needy and worthy recipients.

Mr. Carlisle stated the Town Common Christmas lights were being installed by the Fire Deparmtent and will be operating throughout the holidays.

Mr. Carlisle stated the Claire Birtz Society was giving away 100 sets of holly plants, and the Town's website describes how to win one.

Mr. Carlisle described the water and sewer budgets, and currently the Town was estimating about a 5% increase for both in the coming year.

Mr. Carlisle stated the repair of the oil tanks at the Eastford Road School has started.

Mr. Carlisle stated Amorello Construction has submitted the best bid for work to be done on Pleasant Street, at an amount of $211,000, and this would be coming back to DPW subcommittee for consideration.

Mr. Carlisle stated the access road from Worcester Street to the edge of the airport property was almost ready for bid. Mr. Carlisle stated repaying the bonds for this road by the Casella Corporation was dependent on the Town signing an enhanced contract with Casella. Councilor Lazo asked about the installation of the power lines, and Mr. Carlisle stated there hasn't been any real aggressive work on this in several months, and he would get information on how this is progressing.

Mr. Carlisle stated an interim DPW Director had been found until a permanent replacement can be found, vetted by the subcommittee, and voted for approval by the entire Town Council.

Mr. Carlisle stated he was appointing Doug Scott as a consulting engineer to help the Town transition between the old DPW Director Mr. Clarke and a new permanent replacement.

Mr. Carlisle stated the curbside leaf pickup would be extended until 12/14/07.

Mr. Carlisle stated the Festival of (Giving) Trees had been held on the prior weekend, and was well attended and a nice event.

Mr. Carlisle stated the Town had disposed of 9 vehicles at auction the prior Saturday, with $2800 in revenue as well.

Agenda Item #11. Citizens Forum

David Langevin of Worcester Street stated the Protection of Persons and Property Subcommittee needed to have a meeting to develop a job description for the new fire chief position, to be given to the Town Manager. Mr. Langevin stated a DPW Subcommittee needed to be called to get a job description for the new permanent DPW Director as well, to be provided to the Town Manager. Mr. Langevin thanked the Town Manager for arranging the Christmas lights, and wished everyone a Merry Christmas.

Mr. Carlisle stated he agreed, and that the job description for the Fire Chief needs to be updated and brought forward. Mr. Carlisle stated he would update the job description, and present this update for discussion. Mr. Carlisle stated regarding the new DPW Director, the Town Charter provided at least the minimum qualifications.

Paul Larkin of Dennison Drive complimented the Cooking with Max cooking show on Cable Access. Mr. Larkin complimented the outreach programs in town for seniors, including the libraries and the Senior Center. Mr. Larkin stated the Town's website had gone down from 9 pages to 4 pages, and could improve even further.

John Pulawski of Jennison Street stated he had attended some Board of Health meetings and had some concerns. He stated one concern was it was difficult to find out when these meetings were going to be held. Mr. Pulawski stated he wanted to know if the upcoming 12/13/07 site assignment approval would be for solid waste for municipal solid waste. Mr. Pulawski stated the landfill operator needed to contact any number of town officials immediately upon learning of some situation at the landfill, such as the recent leachate spill on 11/7. Councilor Chernisky stated the Southbridge Evening News reporting of the dates of the various town meetings was often wrong, and was adding to the confusion regarding meeting times and dates.

Agenda Item #12. Pursuant to Town Charter Chapter 4-2-4 vote to confirm the Town Manager's appointment of Nicholas Donahue as an Auxiliary Police Officer for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this confirmation. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #13. Pursuant to Town Charter Chapter 4-2-4 vote to confirm the Town Manager's appointment of Gregory Nikolla as an Auxiliary Police Officer for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to vote this confirmation. Councilor Nikolla stated she would abstain from this vote as this was her son. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, O'Brien, Regis, and Vandal. Councilors abstaining: Nikolla. Vote passes.

Mr. Nikolla thanked the Council for this appointment. Lt. Hibbard of the Police Department explained how this brought the auxiliary complement to about 17 individuals.

Agenda Item #14. Pursuant to Town Charter Chapter 4-2-4 vote to confirm the Town Manager's appointment of Robert L. Campbell, III as a Permanent Police Officer for the Town of Southbridge for an indefinite period. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Lt. Hibbard described the attributes of Robert Campbell. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes. Officer Campbell thanked everyone on the Town Council for confirming him.

Agenda Item #15. Pursuant to Town Charter Chapter 10-2-1 vote to ratify a Goods and Services Agreement with Specialty Vehicles, Inc. in the amount of $149,995.00 for a 2008 Ford E-450 Type III Class I Ambulance. A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to vote this item. Councilor Regis asked if this was a replacement vehicle, and the Town Manager described how it was. Councilor King asked the difference in price between this model and the one rejected by the Town because of its design, and Mr. Carlisle stated it was about a $1600 difference in price. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Chairman McDonald called for a ressess at 8:10 p.m. The meeting resumed at 8:20 p.m.

Agenda Item #16. Vote to rescind Agenda Item No. 8 of the Town Council meeting of September 25, 2006, the third and final reading of the vote to adopt the codification of the By-Laws of the Town of Southbridge as prepared and presented by the By-Law review committee in a document entitled "A Code of By-Laws for the Town of Southbridge Commonwealth of Massachusetts Final Report of the By-Law review Committee." A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item.

Councilor O'Brien read from a prepared statement, that described at least four instances in the nine months since the new Code of By-Laws was enacted, where the town had suffered because of the inadequacies of this document. Councilor O'Brien stated the By-Laws needed to be revisited and fixed, and while waiting for this to happen the Town needed to revert to the old by-laws.

Councilor Chernisky described the time it took to prepare the new by-laws, and stated any changes could be made by discussing at General Government Subcommittee and recommending the change to full Council. Further discussion was held.

Agenda Item #16, vote by roll call, Councilors in favor: Lazo, McDonald, O'Brien, and Vandal. Councilors opposed: Chernisky, King, Livengood, Nikolla, and Regis. Motion fails.

Agenda Item #17. Vote to rescind Agenda Item No. 10 of the Town Council meeting of February 26, 2007, the third and final reading of the vote to amend the codification of the by-laws of the Town of Southbridge entitled "A Code of By-Laws for the Town of Southbridge Commonwealth of Massachusetts final Report of the By-Law Review Committee." Councilor O'Brien stated he wished to withdraw this item from the agenda.

Agenda Item #18. Vote to amend the Code of By-Laws for the Town of Southbridge adopted February 26, 2007, effective March 13, 2007 and last amended September 24, 2007 by deleting the Code in its' entirety. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors opposed: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion fails.

Agenda Item #19. Councilors' forum

Councilor Chernisky asked about the leaf dropoff point on Dresser Hill Road, and Mr. Carlisle stated it would reopen in the spring after it closes for the winter.

Councilor Chernisky stated a citizen had spoken to him about their child, who had gone to Bay Path and was now getting a scholarship for Nichols College, and this was proof that Southbridge kids were getting a proper education in high school to succeed with secondary schooling.

Councilor King wished Hamer Clarke a happy retirement.

Councilor O'Brien wished Hamer Clarke good luck, and also thanked him for his stint as acting town manager.

Councilor Regis wished Hamer Clarke the best, and stated it had been a pleasure working with Hamer.

Councilor Regis asked if a letter of gratitude had been sent to Rep. Alicea for his help in securing a reimbursement from the State for the Town Armory purchase, and Mr. Carlisle stated he would prepare a letter for both Rep. Alicea and Sen. Moore for Councils' signature, thanking them for their efforts.

Councilor Lazo asked if DPW Subcommittee could have a discussion about the composting efforts being done at the old Torrey Road Town Dump site.

Councilor Lazo thanked Hamer Clarke for his many years of town services, and his friendship during DPW Subcommittee meetings.

Councilor Lazo recommended everyone drive by Councilor King's house to admire his Christmas display.

Councilor Livengood thanked Hamer Clarke for his service.

Councilor Livengood stated regardless of the editorial in the local paper, everyone involved in the media center building was concerned about safety issues.

Councilor Nikolla asked when the purposed 22 trees were being taken down, and Mr. Carlisle stated he believed this was in conjunction with National Grid the electrical server, and affected those trees that were within 10 feet of a public way.

Councilor Nikolla stated in the weekly report it appeared that the Torrey Road work to be done by Paquette was being pulled back, and Mr. Carlisle stated the procurement was being abandoned because winter was setting in, and the work could no longer be done this year. Mr. Carlisle stated this issue would be revisited in the spring.

Councilor Nikolla stated Hamer Clarke had been a mentor to her on the Town Council.

Councilor Vandal asked if Sturbirdge had approached the town to purchase water or sewer for their new developments, and Mr. Carlisle stated they had not been in contact with Southbridge as of yet.

Councilor McDonald stated he had worked with Hamer Clarke for a long time, and he will be deeply missed.

Agenda Item #20. Discussion of next meeting date. Councilor Lazo recommended 12/10/07 as the next meeting date, seconded by Councilor Chernisky. Vote by show of hands, all in favor.

Agenda Item #21. Vote to enter Executive Session for the purpose of discussing strategy with respect to collective bargaining and to reconvene in open session for the purpose of contract ratification. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call: Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Councilor Nikolla and Councilor King left the meeting.

The meeting entered into Executive Session at 8:58 p.m.

The meeting returned from Executive Session at 9:50 p.m.

Agenda Item #22. Vote to ratify the contract with the Southbridge Police Association, MCOP Local 153 for the period of July 1, 2007 through June 30, 2010. A motion to ratify this contract was made by Councilor Lazo, seconded by Councilor O'Brien. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, O'Brien, Regis, and Vandal. Vote passes.

A motion to adjourn was made by Councilor Chernisky, seconded by Councilor Lazo. Vote by show of hands, all in favor. The meeting adjourned at 9:50 p.m. <

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, NOVEMBER 28, 2007

A Town Council of the Whole meeting was held on Wednesday, November 28, 2007, in the Rice Conference Room.

Agenda Item #1. Chairman will call the meeting to order. Chairman McDonald called the meeting to order at 7:04 p.m.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

Agenda Item #3. Discussion of the November 1, 2007 report on the FY 2007/2008 Payments to the Fire Chief.

Attached are the three sets of documents that were received:

  • 1. Faxed Draft
  • 2. Faxed Final
  • 3. Final letter via Fedex

A lengthy discussion was held between the Town Manager, the Town Council and Attorneys Katherine Hesse and Joseph Bartulis, as well as members of the audience, regarding various payments to the previous fire chief.

After a time Councilor Chernisky stated this meeting was a waste of time, and the Council should set up a policy to avoid these types of payments in the future, specifically purported overtime payments, stipends, and holiday pay for non union employees of the Police and Fire Departments. Town Manager Carlisle stated a good way to do this is to change the Personnel Regulations to more clearly define these things.

Councilor Chernisky made a motion that the Town Council direct the Town Manager to address the overtime payments, stipends, and holiday pay for non union employees of the Public Safety Departments in the Town of Southbridge, and to have this language ready for Town Council review by 1/31/08. This was seconded by Councilor Nikolla. Vote by show of hands, all in favor.

A motion to adjourn was made by Councilor Chernisky, seconded by Councilor O'Brien. Vote by show of hands, all in favor.

The meeting adjourned at 8:29 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, NOVEMBER 19, 2007

A meeting of the Southbridge Town Council was held on Monday, November 19, 2007, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:03 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman McDonald led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors excused: Regis.

Agenda Item #3. Consider and accept the minutes of the November 5, 2007 meeting. A motion was made by Councilor King, seconded by Councilor Livengood, to accept these minutes. Vote by show of hands, 7 in favor, 1 abstention (King).

Agenda Item #4. Subcommittee Reports

  • General Government. Councilor O'Brien read the minutes of the 11/13/07 subcommittee meeting.
  • Department of Public Works. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
  • Education and Human Services. Councilor Nikolla stated there were no minutes to read and no meeting was scheduled. Councilor Nikolla gave an update on the damaged media center at Southbridge High School. She stated the ad hoc School Building Committee created to deal with this issue had been meeting weekly at 5 p.m. on Tuesdays. Councilor Nikolla stated as of this evening there were bids for a required feasibility study, with tomorrow's 11/20/07 meeting to determine which bids are acceptable, followed by the meeting of 11/27/07, where qualified bidders can present. Councilor Nikolla stated at that point the ad hoc School Building Committee will choose the firm to do the work. Councilor Nikolla stated after this required feasibility study is done, then the project will require bids for construction, which hopefully will take no more than a couple of months, but the Town was required to follow the rules of the Commonwealth. Councilor Nikolla stated everyone had the same interests. Councilor Nikolla described the large number of people involved in addressing the safety concerns of the building, including the Town's DPW, the School Superintendent, the ad hoc School Building Committee for this media center, the School Committee, the Town Council, the Town Manager, and the Town's attorneys Kopelman and Paige. Councilor Nikolla stated she would hold another EHS Subcommittee meeting when there were tangible things to talk about, and not until then.
  • Planning and Development. Councilor Livengood read the minutes of the 11/7/07 meeting.
  • Protection of Persons and Property. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
  • Town Manager. Councilor Chernisky stated there was a meeting scheduled for 12/5/07 at 7 p.m. in the Rice Conference Room.

Agenda Item #5. Chairman's announcements.

Chairman McDonald stated he had received an opinion from Kopelman and Paige about how to fill the opening in the Southbridge Housing Authority.

Chairman McDonald stated the Police Union contract was ready for ratification, and the Council would be in Executive Session at the next regular meeting to do this.

Agenda Item #6. Town Manager announcements.

Town Manager Carlisle stated the upcoming Massachusetts Municipal Association meeting was on January 11 and 12, 2008, and anyone interested in attending should get their paperwork to Mrs. Laporte as soon as possible.

Mr. Carlisle stated curbside collection of yard waste would be effective until 11/30/07.

Mr. Carlisle stated the next hazardous waste collection day was going to be on 12/1/07, from 9 a.m. to 1 p.m., at the Town's landfill on Barefoot Road.

Mr. Carlisle stated the Town has received, studied, and is prepared to award the ambulance bid, and he agreed with Councilor Lazo to hold a PPP Subcommittee meeting to move this forward.

Mr. Carlisle stated the Central Massachusetts Regional Planning Commission has coordinated a heating oil contract for municipal users with Glacial Oil, which will save the Town 19% over the current provider. Mr. Carlisle agreed with Councilor O'Brien to discuss this in General Government Subcommittee to move this forward. Councilor O'Brien asked if the Town Manager could bring any information to that meeting regarding ways individual consumers could also enjoy these savings.

Mr. Carlisle stated last week the Town had received bids on the first forestry cutting on Torrey Road, with one bid of 24,000.00, which according to the forester consulted was about the right amount to be expected. Mr. Carlisle and Councilor Vandal agreed to discuss this in DPW Subcommittee, in order to move this forward.

Mr. Carlisle stated the number of households signed up for Recyclebank had grown from 82 three weeks ago to 1,000 at the present time.

Councilor Livengood asked if there was any way to donate the Recyclebank points to the local school system.

Councilor Nikolla asked if batteries were accepted at the hazardous waste day, and Mr. Carlisle stated they were.

Agenda Item #7. Citizens' forum.

Boy Scout Pack 160 from Notre Dame Church in Southbridge presented each of the Councilors and the Town Manager with an assortment of cookies and desserts, and wished them all a happy holiday season.

Agenda Item #8. Pursuant to Town Charter Chapter 10-2-1 vote to ratify a Goods and Services Agreement with Paquette Builders in the amount of $20,000.00 to clear 5 acres of land at the old Town dump on Torrey Road.

Councilor King made a motion to send this item to DPW Subcommittee, seconded by Councilor Lazo. Vote to refer this item back to DPW Subcommittee, by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #9. Vote to authorize the Town Manager to dispose of reconditioned PCs, the property being surplus to the Town. The required procedure for disposal being noted in M.G.L. 30B, Section 15(g) shall be that the 26 or fewer computers be placed at the disposal of the Southbridge Community Connections to enable their awarding to youth in grades 6 through 12 based upon financial need and academic merit, with no charge to the recipient. The students need not be enrolled in the Southbridge Public School Swystem, however their families must be registered with the Southbridge Town Clerk in the Town Census. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Councilor Vandal asked many were there currently, and Mr. Carlisle stated about 24. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors opposed: Chernisky. Vote passes.

Agenda Item #10. Vote to authorize the Town Manager to dispose of old textbooks, the property being surplus to the Town. The required procedure for disposal being noted in M.G.L. 30B, Section 15(g) shall be that the 200 or fewer old textbooks be placed at the disposal of the charitable organization "Got Books" to be resold or recycled. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #11. Vote to authorize the Town Manager to dispose of approximately 6000 board feet of logs, the property being surplus to the Town. The required procedure for disposal being noted in M.G.L. 30B, Section 15(f) as Chief Procurement Officer, the Town Manager will take at least 3 bids from loggers, and select the highest offer for the logs. A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to vote this item.

Councilor King made a motion to refer this item to DPW Subcommittee, seconded by Councilor Lazo. Discussion was held. Vote to refer Agenda Item #11 to DPW Subcommittee, by roll call: Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #12. Vote that the Town Council request any interested citizen wishing to serve on the Town Manager Search Committee File a letter of interest with the Town Manager's office prior to November 29, 2007. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #13. Vote that the Town Council hold a disciplinary hearing for the Town Manager regarding the way the attorney's opinion was provided to the press and was provided to the Town Council, and whether there was gross insubordination. A motion was made by Councilor Lazo, seconded by Councilor Chernisky to vote this item.

Town Manager Carlisle left the dais.

Discussion was held, with the following amendment to Agenda Item #13 proposed:

Vote that the Town Council hold a disciplinary hearing with the proper procedures for the Town Manager regarding gross insubordination. A motion was made by Councilor Chernisky, seconded by Councilor Lazo, to amend Agenda Item #13 as thusly described.

Discussion was held. Councilor Nikolla asked why this motion didn't direct this discussion to Executive Session, and Councilor Chernisky stated if the Town Manager didn't want this discussion in Executive Session then it wasn't legal to do so. Councilor Chernisky asked if this hearing should be held in Town Manager Subcommittee or as a Council of the Whole meeting, and Chairman McDonald stated the subcommittee didn't have the authority to hold such a meeting.

Vote to amend as described, by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #13 (as amended) Vote that the Town Council hold a disciplinary hearing with the proper procedures for the Town Manager regarding gross insubordination. A motion was made by Councilor Chernisky, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, McDonald, Nikolla, O'Brien, and Vandal. Councilors opposed: Livengood. Vote passes.

Town Manager Carlisle returned to the dais.

Agenda Item #14. Councilors Forum.

Councilor Chernisky stated because of large participation by Southbridge residents, the Recyclebank now awarded double points, and this could potentially encourage others to participate.

Councilor Chernisky wished everyone a happy and safe Thanksgiving.

Councilor King wished everyone a happy and safe holiday, and he urged everyone to remember those in uniform who were protecting our freedoms.

Councilor King thanked the Scout troop for the package of goodies.

Councilor King said the Town bonfire for Spirit Week was excellent.

Councilor King thanked the local paper for running the letter to the editor about potential changes within the high school, and the letter was well thought out. Councilor King stated the ideas presented were worthy of consideration.

Councilor O'Brien made the following statement: In accordance with Robert's Rules of Order, I am giving advance notice of my intention to move to rescind the votes of this Council on agenda item #8 of the meeting of September 25, 2006 and on agenda item #10 of the meeting of February 26, 2007, such votes relating to the adoption of the "Code of bylaws for the Town of Southbridge," and if so voted to send that document to the subcommittee on General Government for review and modification. I courteously request the Chair to include such motions on the agenda of the next regularly scheduled Council meeting.

Councilor O'Brien asked about the drug testing policy for town employees, and Mr. Carlisle stated information had been provided to the Council.

Councilor O'Brien wished everyone happy holidays.

Councilor Nikolla stated the Veteran's Day program at the Charlton Street School, which she saw on the public access channel, was very impressive, and she hoped the kids always respected uniformed men and women.

Councilor Nikolla stated she had also read the letter in Sound Off, and stated unfortunately Southbridge High School has no spare room right now to make any changes or provisions. Councilor Nikolla stated taking the Media Center down is probably going to be necessary.

Councilor Vandal wished everyone a safe and happy Thanksgiving.

Councilor Lazo stated he was honored to help erect the bonfire at Southbridge High School, and he thanked all the businesses and townies, including several from the Fire Department, for being on hand to witness the event.

Councilor Lazo wished the Pioneers the best against Bartlett High.

Agenda Item #15. Discussion of next meeting date. Councilor Lazo recommended 12/3/07, seconded by Councilor King. Vote by show of hands, all in favor.

Councilor King made a motion to adjourn, seconded by Councilor O'Brien. Chairman McDonald declared the meeting closed at 8:01 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, NOVEMBER 5, 2007

A meeting of the Southbridge Town Council was held on Monday, November 5, 2007, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:05 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman McDonald led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors excused: King.

Agenda Item #3. Consider and accept the minutes of the October 29, 2007 meeting. A motion was made by Councilor O'Brien, seconded by Councilor Livengood, to approve these minutes. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee Reports:

  • General Government. Councilor O'Brien stated there were no minutes to read and no meeting was scheduled.
  • Department of Public Works. Councilor Vandal read the minutes of the 10/30/07 meeting.
  • Education and Human Services. Councilor Nikolla stated an EHS Subcommittee was coming soon to get an update about the high school's media center.
  • Planning and Development. Councilor Livengood stated a meeting was scheduled for 11/7/07 at 7 p.m. in the Rice Conference Room.
  • Protection of Persons and Property. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
  • Town Manager. Councilor Chernisky stated there was a meeting scheduled on 11/14/07 at 7 p.m. in the Rice Conference Room.

Agenda Item #5. Chairman's Announcements

Chairman McDonald stated regarding the Landfill Oversight Committee, this committee only needs to fill the seat vacated by Councilor Marcucci.

Chairman McDonald stated on 11/2 he had been called by a reporter from the Telegram and Gazette for a comment on the recent legal opinion regarding the former fire chief's pay. Chairman McDonald stated neither he nor anyone on the Town Council had been provided ample time to review this legal opinion prior to it being provided to the newspapers. Chairman McDonald said the Town Manager should have shared this information first with the Town Council. Chairman McDonald stated he wanted a Council of the Whole meeting with this attorney present, so that the Town Council could ask other questions regarding this issue, directly to the attorney.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle stated Bay Path High School was having an open house on 11/8/07 for prospective students, and he encouraged Southbridge students to attend, as do all other district students represented by Bay Path.

Mr. Carlisle stated the little league diamond at McCann Field is coming along well, and he described how it was being paid for.

Mr. Carlisle stated the auction of surplus property slated for 11/10 was being postponed for a week or two, to allow the town to comply with public management law.

Mr. Carlisle stated recycling during the month of October had reached 110 tons, up from the normal 47 tons.

Mr. Carlisle stated the airport diner is closed for the winter.

Mr. Carlisle stated Meals on Wheels was now successfully running out of the Community Center.

Mr. Carlisle stated Lt. Gregory Materas had retired from the Police Department.

Agenda Item #7. Citizens' Forum

Kevin Buxton of Elm Street stated leaving recycling in the hands of a company that is trying to make a profit might not equal the best recycling.

Agenda Item #8. Vote to authorize the Town Manager to accept on behalf of the Town the deed from Narciso and Aida Santa entitled "Grant of Sewer Easements," dated October 16, 2007, and conveying a sewer easement to the Town in 91 Coombs Street in accordance with the Settlement Agreement previously entered into by the Town and Mr. Santa providing for the relocation of the Town's sewer main and accompanying easement located on that property. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to authorize the Town Manager to release on behalf of the Town that sewer easement held by the Town in 91 Coombs Street acquired by an order of taking recorded in Book 1691, Page 535, in consideration of the grant by Narciso and Aida Santa of a new sewer easement in that property to accommodate the Town's sewer main.

2/3 Roll Call Vote Required

A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #10. Pursuant to Town Charter Chapter 10-2-1 vote to ratify the Goods and Services Agreement presented by the Town Manager with Three D Enterprises, Inc. in the amount not to exceed $5,840.00 for a winter sand storage roof to be paid from the Combined DPW Facility project budget. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #11. Pursuant to Town Charter Chapter 10-2-1 vote to ratify Amendment No. 10 to the Agreement presented by the Town Manager with Rizzo Associates in the amount of $25,699.00 for water and wastewater design for the South Street sewer project to be paid from the borrowing authorized by Town Council vote of September 12, 2005, Agenda Item No. 18. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #12. Pursuant to Town Charter Chapter 10-2-1 vote to ratify Amendment No. 11 to the Agreement presented by the Town Manager with Rizzo Associates in the amount of $22,403.00 for water and wastewater design for the East Main Street sewer project to be paid from the borrowing authorized by Town Council vote of September 2, 2005, Agenda Item No. 17. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #13. Pursuant to Town Charter Chapter 10-2-1 vote to ratify Amendment No. 5 to the Agreement presented by the Town Manager with Gannett Fleming, Inc. in the amount of $55,734.00 for additional work at the Combined DPW Facility to be paid from the Combined DPW Facility to be paid from the Combined DPW Facility project budget. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item.

Councilor Chernisky asked why this amount wasn't included in the original bid. DPW Director Hamer Clarke described the new requirement to provide a climate controlled room for the paper which will be stored by the school department. Mr. Carlisle described how providing this storage area for the schools would allow the Town to vacate the old fire station on West Street.

Councilor Regis spoke about requirements to go back out to bid on contracts that repeatedly get increased or reach a specific level of increase from the original amount, and Mr. Carlisle stated he was cognizant of this, and the Town used the services of the Town's attorneys to make sure the town was compliant in this regard.

Agenda Item #13. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal. Councilors opposed: O'Brien. Vote passes.

Agenda Item #14. Pursuant to Town Charter Chapter 10-2-1 vote to ratify the contracts presented by the Town Manager for winter snow plowing/removal for the following:

  • Jeffrey Bruso
  • Leonard A. Corriveau
  • Brien DeBoise
  • Richard R. Guerin, Jr.
  • Philip Lanctot
  • Scott Latour
  • Elizabeth MacCue
  • Jeremy MacLachlan
  • Christopher Parent
  • James Pioppi
  • Anthony Pollone
  • Richard Pollone
  • Jason J. St.Pierre
  • Frank Snyder
  • Jason Tretheway
  • Carrie Zinkowsky

Councilor Regis said she would be abstaining from this vote as her husband is employed by one of these contractors.

A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors abstaining: Regis. Vote passes.

Agenda Item #15. Councilors' Forum

Councilor Chernisky stated in the Saturday edition of the Worcester Telegram and Gazette there was an allegation that Councilor Chernisky thought there were illegal activities by the town's financial staff. Councilor Chernisky stated he has never accused the Town's current financial management team of any illegal activities, and he doesn't believe anyone in this group has ever willfully undertaken any misconduct. Councilor Chernisky stated further that the minutes of subcommittee meeting support that he never accused anyone of any illegal activity, and any improper activities were done only by the Town Manager, which he had stated to the Town Manager face to face in subcommittee. Councilor Chernisky stated he has the utmost respect for the entire financial team for the Town of Southbridge.

Councilor Regis stated she had received her requested report from the Principal Assessor regarding the town's options on its tax classification, and she wanted a Council of the Whole meeting to address the choices facing the Town.

Councilor Lazo asked Councilor Nikolla when the next special Building Committee meeting was being held to discuss the Southbridge High School media center, and Councilor Nikolla stated tomorrow at 9 a.m. in the Town Hall.

Councilor Lazo stated the new sidewalks on Dresser Street looked great.

Agenda Item #16. Discussion of the next meeting date. Councilor Lazo recommended 11/19/07 at 7 p.m., seconded by Councilor O'Brien. Vote by show of hands, all in favor.

A motion to adjourn was made by Councilor O'Brien, seconded by Councilor Lazo. The meeting adjourned ate 7:45 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, OCTOBER 29, 2007

A meeting of the Southbridge Town Council was held on Monday, October 29, 2007, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:11 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman McDonald led the Council in the Pledge of Allegiance.

Agenda Item #2. The Southbridge Town Council is meeting with the Southbridge Housing Authority to fill a vacancy on the Authority.

Agenda Item #3. Roll Call - Town Council. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, O'Brien, Regis, and Vandal. Councilors delayed: Nikolla.

Roll Call - Southbridge Housing Authority. Members Present: Marino, Boutillette. Members absent: Allard, Cournoyer.

Agenda #4. Candidate interview. Chairman McDonald stated since there wasn't a quorum of the Southbridge Housing Authority, this item needed to be tabled. Councilor Lazo made a motion to table this appointment to the Southbridge Housing Authority, seconded by Councilor King. Vote by roll call, Councilors in favor of tabling this item: Chernisky, King, Lazo, Livengood, McDonald, O'Brien, Regis, and Vandal. Motion passes.

Agenda Item #5. Vote to nominate a candidate to fill the vacancy on the Southbridge Housing Authority until the next Town Election in June of 2008. This item is no longer relevant.

Agenda Item #6. Pause to allow the Housing Authority to leave the dais. The members present of the Southbridge Housing Authority left the dais.

Chairman McDonald called a recess at 7:15 p.m. The meeting continued at 7:17 p.m.

Agenda Item #7. Consider and accept the minutes of the October 15, 2007 meeting. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to accept these minutes. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, O'Brien, Vandal. Councilors abstaining: Regis. Motion passes.

Agenda Item #8. Subcommittee reports:

  • General Government. Councilor O'Brien described the 10/24/07 meeting.
  • Department of Public Works. Councilor Vandal stated there was a meeting on 10/30/07 at 7 p.m. in the Rice Conference Room.
  • Planning and Development. Councilor Livengood stated a meeting was scheduled for 11/7/07 at 7 p.m. in the Rice Conference Room.
  • Protection of Persons and Property. Councilor Lazo read the minutes of the 10/17/07 meeting.
  • Town Manager. Councilor Chernisky stated there were no minutes to read and no meeting was scheduled.

Agenda Item #9. Chairman's announcements. Chairman McDonald had no announcements.

Councilor Nikolla arrived at the meeting.

Agenda Item #10. Town Manager announcements.

Town Manager Carlisle stated Daniel O'Connell, the Secretary of Housing and Economic Development for the State of Massachusetts, had visited the Community Center a week prior, along with Representative Alicea, and held an informational seminar regarding health care options for Massachusetts residents.

Mr. Carlisle stated Bay Path High School was having their annual open house on 11/8/07 from 7 p.m. to 9 p.m., and he encouraged 8th grade students to attend this open house.

Mr. Carlisle stated the Armory refund was in the current State supplemental budget, had passed the House and Senate, and was signed by the Governor, and now the Town was awaiting a $737,000 reimbursement from the State for the purchase price of the Armory.

Mr. Carlisle stated the Board of Health had raised the issue of a $3.75 per month fee for using Recyclebank, and over the weekend Casella had offered to waive the fee in its entirety.

Mr. Carlisle stated regarding the repair of Pleasant Street, the engineering consulting firm Weston and Sampson had refined the draft bid for Pleasant Street and the hope was to get the bids out sometime this week, in order to find qualified contractors to do this work.

Mr. Carlisle described the progress thus far at the McCann Little League Fields. Mr. Carlisle stated this work had been done quickly by the DPW, and this was the largest project he had seen accomplished by the DPW in his time with the town.

Mr. Carlisle stated the 2007 audit was going well, that the audit was back in the offices of Melanson and Heath for final preparation, and the town could expect in mid to late November to have an audit to go forward with to the State, to certify free cash. Mr. Carlisle stated he expected free cash to be over $1 million. Mr. Carlisle stated recent auctions of town-owned assets had brought into the town over $350,000. Mr. Carlisle stated the next auction would be on 11/10/07, between 1 and 2 p.m., held at 185 Guelphwood Road, which would be primarily a vehicle auction.

Mr. Carlisle stated there is now wireless access at the Community Center on Chestnut Street, as well as at the Town Library. Mr. Carlisle stated there were programs at the Community Center fairly regularly now, including a new cooking show.

Councilor Chernisky asked about seeding the infield at McCann Little League Field, and Mr. Carlisle stated the infield has been sodded, but had not yet settled on the surface.

Chairman McDonald asked about Halloween, and Councilor King stated Trick or Treat would be held on 10/31/07 between 5:30 and 7:30, with the Horribles Parade going on from 5 to 5:30 p.m., beginning at Wells Middle School.

Agenda Item #11. Citizens' forum

Kevin Buxton of Elm Street asked about the Landfill Oversight Committee, and Chairman McDonald stated he would contact those on the committee last year to see if they wanted to continue on it.

Mr. Buxton stated he wished the coupons for Recyclebank could be applied dollar for dollar for goods in the town.

Nelson Gagnon stated Central Street was a mess, and the DPW should clean that area once a week. Mr. Gagnon stated there were kids on Central Street at 3 p.m., and they were swearing, and he wanted a policeman there to monitor this behavior.

Paul Larkin of Dennison Drive stated the Town's website could be better used to advertise the town.

Chairman McDonald called for a recess at 8:03 p.m. The meeting resumed at 8:07 p.m.

Agenda Item #12. Pursuant to Town Charter Chapter 4-2-4 vote to confirm the Town Manager's appointment of Korey Chenier as a Call Firefighter for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #13. Pursuant to Town Charter Chapter 4-2-4 vote to confirm the Town Manager's appointment of Michael Chenier as a Call Firefighter for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #14. Pursuant to Town Charter Chapter 4-2-4 vote to confirm the Town Manager's appointment of Mathew Wright as a Call Firefighter for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #15. Pursuant to Town Charter Chapter 4-2-4 vote to confirm the Town Manager's appointment of Robert Stonebarger, Jr. as a Call Firefighter for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #16. Pursuant to Town Charter Chapter 4-2-4 vote to confirm the Town Manager's appointment of Shawn Davis as a Call Firefighter for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #17. Pursuant to Town Charter Chapter 4-2-4 vote to confirm the Town Manager's appointment of Corey Nichols as a Call Firefighter for the Town of Southbridge for a three-year term to expire June 30, 2010.

Councilor Lazo made a motion to vote Agenda Items #12 through #17 as one item, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Agenda Item #12 through #17. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote for these agenda items passes.

Acting Fire Chief Ciesla thanked the Council for these appointments.

Agenda Item #18. Pursuant to Town Charter Chapter 4-3-2 vote to consider confirmation of the Town Manager's appointment of Scott S. Lazo to the Southbridge High School Media Center Building Committee for a one-year term to expire October 31, 2008.

Agenda Item #19. Pursuant to Town Charter Chapter 4-3-2 vote to consider confirmation of the Town Manager's appointment of Alexander S. Prokos to the Southbridge High School Media Center Building Committee for a one-year term to expire October 31, 2008.

Agenda Item #20. Pursuant to Town Charter Chapter 4-3-2 vote to consider confirmation of the Town Manager's appointment of John D. Jovan to the Southbridge High School Media Center Building Committee for a one-year term to expire October 31, 2008.

Agenda Item #21. Pursuant to Town Charter Chapter 4-3-2 vote to consider confirmation of the Town Manager's appointment of Arnold F. Lanni to the Southbridge High School Media Center Building Committee for a one-year term to expire October 31, 2008.

Agenda Item #22. Pursuant to Town Charter Chapter 4-3-2 vote to consider confirmation of the Town Manager's appointment of Catherine Nikolla to the Southbridge High School Media Center Building Committee for a one-year term to expire October 31, 2008.

Agenda Item #23. Pursuant to Town Charter Chapter 4-3-2 vote to consider confirmation of the Town Manager's appointment of Patrick Loconto to the Southbridge High School Media Center Building Committee for a one-year term to expire October 31, 2008.

Agenda Item #24. Pursuant to Town Charter Chapter 4-3-2 vote to consider confirmation of the Town Manager's appointment of Hamer D. Clarke to the Southbridge High School Media Center Building Committee for a one-year term to expire October 31, 2008.

Councilor O'Brien made a motion to vote Agenda Items #18 through #24 as one item, seconded by Councilor Chernisky. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, O'Brien, Regis, and Vandal. Councilors abstaining: Nikolla. Motion passes.

Agenda Item #18 through #24. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, O'Brien, Regis, and Vandal. Councilors abstaining: Nikolla. Vote for these agenda items passes.

Agenda Item #25. Pursuant to Town Charter Chapter 4-3-2 vote to consider confirmation of the Town Manager's appointment of Maureen A. Ciesla as an alternate member to the Southbridge High School Media Center Building Committee for a one-year term to expire October 31, 2008. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Agenda Item #26. Vote to amend the Parking Regulation for the Town of Southbridge with Permit No. P-00128 as follows: That a permit be issued for a "No Parking" zone on the southerly side of Temple Drive beginning at the intersection of Elm Street, thence westerly one hundred seventeen feet (117') to a point. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Agenda Item #27. Vote to authorize the Town Manager to dispose of reconditioned PC's for the selling price of $50.00, the property being surplus of the Town. The required procedures for disposal noted in M.G.L. Chapter 30B, Section 15 (f) shall be that the 26 or less computers reconditioned at a cost of $50.00 to the Town be placed at the disposal of the Southbridge Scholarship Committee to enable their sale at $50.00 to financially distressed households with youth in grades 6 through 12. The students need not be enrolled in the Southbridge Public School System. The families must be registered with the Town Clerk in the Town Census.

Councilor O'Brien stated the discussion at subcommittee had instructed the Town Manager to donate these machines to worthy students based on merit. Councilor O'Brien made a motion to refer this item back to subcommittee, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky. Vote passes.

Agenda Item #28. Vote to amend the Town Council Rules and Regulations adopted by the Town Council on April 16, 1974 and last amended March 12, 2007 by adding the following paragraph to Rule 4: The Subcommittee Chairman shall give the Town Council an oral report which conveys the recommendation of the Subcommittee to recommend, amend, or reject the proposal considered by the Subcommittee. Further, the Subcommittee Chairman shall determine if in addition to his report, he shall read the minutes of the Subcommittee meeting to the Town Council members at the next meeting following the Subcommittee meeting. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Agenda Item #29. Vote to ratify a Goods and Services Agreement with Gordon Lasalle Music in an amount not to exceed $8,000.00 for various items for the Cable TV Access system. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Agenda Item #30. Vote to raise and appropriate the sum of $320,000.00 in the General Fund to purchase the 70 Foster Street Water Enterprise Fund property as indicated on Assessor's Map ID 036/084/00001. The amount will be transferred from the General Fund to the Water Enterprise Fund and any debt related to the property will remain in the Water Enterprise Fund. A motion was made by Councilor Lazo, seconded by Councilor Regis, to vote this item.

A lengthy discussion was held regarding this item. Councilor Chernisky talked about future plans for this building, and clarified with the Town Manager that this vote would only transfer ownership of this building out of the Water Enterprise Fund. Councilor Lazo asked if there was conflict of interest for Councilor Chernisky, as Mrs. Chernisky is the chairman of the Southbridge Redevelopment Authority. Councilor O'Brien asked why the Water Enterprise Fund couldn't just sell this property directly to the Southbridge Redevelopment Authority, and Mr. Carlisle stated he had posed this question twice to the Southbridge Redevelopment Authority with no action, and in order to help balance the water rates for the coming fiscal year this action needed to happen quickly. Mr. Carlisle stated by having this building, the Southbridge Redevelopment Authority would have a place to put anyone who is displace by any urban renewal plan pursued by the Town of Southbridge. Councilor Regis stated even though this move would make a 0% increase in water rates possible for next year, she preferred a nominal increase, so that in the future the Town could avoid steep increases in the water rate.

Agenda Item #30. Vote, by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Regis. Councilors opposed: Vandal. Vote passes.

Agenda Item #31. Vote to authorize the Town Manager to proceed with the procurement process for repairing the Southbridge High School Library and that $500,000.00 is appropriated for repairing the Southbridge High School Library; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $500,000.00 under Chapter 44 of the General Laws; and that the Town Manager is authorized to take any other action necessary to carry out this project.

2/3 Roll Call Vote Required

Councilor Nikolla stated she had just attended a meeting of the school building committee, and all had decided it would be premature to put a dollar figure on the amount needed to fix this problem. Councilor Nikolla stated a proper repair amount would be better known in a few weeks.

Councilor Lazo made a motion to table this item, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Agenda Item #32. Vote to ratify a Goods and Services Agreement with Charlton Fence Company in the amount of $20,475.00, subject to additions and/or deletions in accordance with the provisions of the specifications, to provide fencing for the Little League Field at McCann Field. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item.

Councilor O'Brien asked if the Little League had done any fund raising to offset this cost to the town, and Mr. Carlisle stated so far they had raised $525. Mr. Carlisle stated donations could come in between now and June 30th, and he expected more to come in. Councilor King asked if a resident wanted to donate who should they contact, and Mr. Carlisle stated anyone on the little league board could talk to them about donating.

Councilor Regis asked if there were any other quotes, and Mr. Carlisle stated there were three firm quotes, and this was the smallest one. Councilor Regis asked if this was a prevailing wage job, and Mr. Carlisle said yes.

Agenda Item #32. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Agenda Item #33. Councilors' Forum

Councilor Livengood responded to a letter to Sound Off from the Southbridge Evening News 10/23/07 edition, stating Southbridge is not 'dead' as was stated in the letter, and crime does not run rampant in this town.

Councilor Nikolla wished Lt. Greg Materas of the Southbridge Police Department all the best in his new endeavors.

Councilor Vandal asked about the DPW Director position, and Mr. Carlisle stated he had a draft advertisement for this position, which would be available this week.

Mr. Carlisle gave Councilor Vandal the information he requested on the water and sewer rates. Councilor Vandal asked if anyone else had to pay for information from the town, and Mr. Carlisle stated this had happened in the past.

Councilor Regis wished Lt. Materas the best in the future.

Councilor Regis asked for information on how much work the DPW had performed preparing the McCann fields, and Mr. Carlisle stated he would get this.

Councilor O'Brien wished Lt. Materas a happy, healthy future.

Councilor O'Brien asked Mr. Carlisle about the drug testing policy in the town, and Mr. Carlisle stated he was still pulling this information together and would get back to him on it.

Councilor King stated regarding letters to the editor of the local paper, there is a small core of naysayers who no matter what you do will always complain about the town.

Councilor King wished Lt. Materas all future success.

Councilor King wished everyone a safe and happy Halloween.

Councilor Chernisky stated regarding letters to the editor to the local paper, most of the critics of the town were anonymous writers, and rather than complain if someone didn't like the way things go in this town, then they should volunteer to make it a better place.

Councilor Chernisky stated there were three big Pop Warner football games coming up tomorrow night, two in Southbridge starting at 6:30 and 8 p.m., and he encouraged everyone to come support the local teams.

Councilor Chernisky stated again the open house at Bay Path was on 11/8/07, and Southbridge kids should be attending this open house, as do kids from the other Bay Path affiliated towns.

Councilor Lazo wished Lt. Materas the best.

Councilor Lazo told Councilor Livengood to not take the Sound Off article to heart.

Councilor Lazo asked about the excess material for sale, and Mr. Carlisle stated the School Department had gotten rid of 10 computers with their vendor, and had done this to avoid paying to have the memories cleaned. Councilor Lazo asked how much the auctioneer gets for any property the town sells, and Mr. Carlisle stated generally 10% of the sale price goes to the auctioneer.

Councilor Lazo asked about the lawyer who was looking into payments to the previous fire chief, and Mr. Carlisle stated the Town Accountant was in touch with the attorney on this, and hopefully information, which was expected last week, would be coming soon.

Councilor Lazo wished everyone a happy and safe Halloween.

Agenda Item #34. Discussion of the next meeting date. Councilor Lazo recommended 11/5/07 at 7 p.m., seconded by Councilor O'Brien. Vote by show of hands, all in favor.

A motion to adjourn was made by Councilor King, seconded by Councilor Chernisky. The meeting adjourned at 8:48 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, OCTOBER 15, 2007

A meeting of the Southbridge Town Council was held on Monday, October 15, 2007, in the Robert McKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:00 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman McDonald led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors late: Regis.

Agenda Item #3. Consider and accept the minutes of the September 24, 2007 meeting. A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to accept the minutes. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee Reports:

  • General Government. Councilor O'Brien said there would be a meeting on 10/24/07 at 7 p.m. in the Rice Conference Room.
  • Department of Public Works. Councilor Vandal read the minutes of the 9/26/07 meeting.
  • Education and Human Services. Councilor Nikolla read the minutes of the 10/2/07 meeting.
  • Planning and Development. Councilor Livengood read the minutes of the 10/3/07 meeting.
  • Protection of Persons and Property. Councilor Lazo read the minutes of the 9/20/07 meeting.
  • Town Manager. Councilor Chernisky stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairman McDonald had no announcements.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle stated the Laotian Association of Southbridge had their annual festival on 10/6/07 at the Mill Street facility, and it was a fine evening.

Mr. Carlisle stated on 10/18/07 at 11 a.m. there would be a tax title auction at Town Hall, for 11 parcels being sold by the Town.

Mr. Carlisle stated SemiCom Precision, Inc. was moving into Building 10 at the American Optical complex, and would be involved in chip making, and would employ 30 for now and up to 60 in the future.

Mr. Carlisle described the progress toward establishing the water and sewer rates for the coming year.

Mr. Carlisle stated the single stream recycling program had placed about 6200 bins throughout town, and about 5% had been reclaimed. Mr. Carlisle stated the first week of recycling saw a big bump in recycling participation, and the town would know more about participation rates after the next week of recycling.

Mr. Carlisle stated curbside pickup of yard waste would be from 10/29 to 11/30/07.

Mr. Carlisle stated two years had passed since the flooding happened in town, and the State still hadn't made improvements to the State-owned culvert that had caused many of the problems leading to the flooding. Mr. Carlisle stated he would again contact the State to see what the holdup is.

Agenda Item #7. Citizens' Forum

Paul Larkin of Dennison Drive stated he was very happy the town had established some written goals going into the future.

George Chenier of the Airport Commission stated the new hangar project at the airport had broken ground, with the $500,000 needed to the do the work funded 90% by federal grant, 5% by the State, and 5% by the Town. Mr. Chenier stated the airport might soon be in the black budget wise because of the ability to rent out the hangar. Mr. Chenier stated this project would probably be done in December. Mr. Chenier stated the hope of the Airport Commission was to use revenues created at the airport to do repairs on the existing buildings, such as new doors, rubberized roofs, paint, repairs, etc., as well as a new gate system to enhance security at the airport.

Mr. Chenier stated any change in the footprint of the airport needed to be cleared with the FAA, and as such, any work done to implement the access road through the airport's land needed a change in the Airport Master Plan and Layout, and the time to address this is now as these changes can take two years to implement.

Mr. Chenier stated regarding a recent Liquor Licensing Board meeting, he hoped licenses which had been issued to bars in this town that had a proviso requiring food serving at the bar be changed, to allow these bars the right to continue to do business, and to not require serving food in places that often don't even have kitchens.

Mr. Chenier stated work on the new 55 and over housing project off of Pleasant Street was causing even more problems with this road, and something needed to be done. Mr. Carlisle described a study done by the engineering firm Weston and Sampson, and hopefully this work would allow some repair to be done on Pleasant Street prior to this winter. Michael Loin of Bertin Engineering stated the construction firm that was doing the 55 and older housing project was doing some trench digging at the site, and in the end all repairs to the road would be done to return it to its previous condition.

Agenda Item #8. Vote to confirm the Town Manager's re-appointment of Anna Smith as Landfill Monitor for the Town of Southbridge for a two-year term to expire October 16, 2009. A motion was made by Councilor Lazo, seconded by Councilor Chernisky to vote this item.

Discussion was held. Councilor O'Brien stated he would prefer this reappointment go to subcommittee for discussion, specifically the Landfill Oversight Subcommittee, and he made this a motion to refer to subcommittee, seconded by Councilor Vandal.

Further discussion was held, including whether or not this subcommittee actually existed, which Chairman McDonald confirmed did exist, but was inactive at this time. Councilor O'Brien stated this is a fairly new position, in a changing relationship with Casella, and that is why he wants to discuss at subcommittee. Councilor Vandal stated if not a discussion at subcommittee, then maybe a Council of the Whole to discuss this appointment would be better.

Vote to refer Agenda Item #8 to subcommittee, by roll call, Councilors in favor: O'Brien and Vandal. Councilors opposed: Chernisky, King, Lazo, Livengood, McDonald, Nikolla. Motion fails.

Agenda Item #8 (as written above). Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #9. Vote to ratify an Agreement with Chas. H. Sells, Inc. in the amount of $30,000.00 to provide survey and engineering services for the Charlton Street Drainage project to be funded through Mass Highway Chapter 90 Funds. A motion was made by Councilor Livengood, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #10. Vote to ratify Amendment #9 to the agreement between the Town and Rizzo Associates, Inc., in the amount of $8,141.00 for additional engineering services for South Street sewer improvements. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #11. Vote to ratify the contract with Cargill Salt to provide highway road salt to the Town of Southbridge for $51.20 per ton. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #12. Vote to authorize the Town Manager to file the 2008 Project Evaluation Form with the Massachusetts Department of Environmental Protection Bureau of Resource Protection Division of Municipal Services Clean Water State Revolving Fund (CWSRF). A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #13. Vote to ratify a Goods and Services Agreement, for a project that was declared an emergency on August 27, 2007, with Ricciardi Bros., Inc. in the amount of $35,500.00 to repair a break in the 6" water main located under the Mill Street Bridge. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #14. Vote to authorize the Town Manager to proceed with the procurement process for repairing the Southbridge High School Library and that $500,000.00 is appropriated for repairing the Southbridge High School Library; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $500,000.00 under Chapter 44 of the General Laws; and that the Town Manager is authorized to take any other action necessary to carry out this project.

2/3 Roll Call Vote Required.

A lengthy discussion was held about whether this money was needed now, or could it wait at least until the next meeting.

Councilor Regis arrived at 8:15 p.m.

Councilor Chernisky made a motion to table this item, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote to table Item #14 passes.

Agenda Item #15. Vote that the Town Council of the Town of Southbridge, having considered the proposed layout and/or relocation of layout of a portion of Prince Road, shown on a plan entitled "As Built Plan and Profile of Prince Road in Southbridge Surveyed for the Town of Southbridge" dated September 28, 2006, prepared by Para Land Surveying, Inc., hereby deems that public convenience and necessity require the layout and/or relocation of layout of said portion of Prince Road in the manner shown on said Plan, and refers the said proposed layout and/or relocation of layout to the Planning Board for their report thereon, pursuant to G.L. c. 41, Section 81I. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky. Vote passes.

Agenda Item #16. Vote to raise and appropriate or transfer from available funds in the General Fund the amount of $320,000.00 to purchase the 70 Foster Street Water Enterprise Fund property as indicated on Assessor's Map ID 036/084/00001. Amount to be transferred from the General Fund to the Water Enterprise Fund and any debt related to the property will remain in the Water Enterprise Fund (to be referred to Subcommittee).

Agenda Item #17. Vote to amend the Southbridge Town Council Rules and Regulations adopted by the Town Council April 16, 1974 and last amended March 12, 2007 by adding the following paragraph to Rule 4: The Subcommittee Chairman shall give the Town Council an oral report which conveys the recommendation of the Subcommittee to recommend, amend, or reject the proposal considered by the Subcommittee. Further, the Subcommittee Chairman shall determine if in addition to his report, he shall read the minutes of the Subcommittee meeting to the Town Council members at the next meeting following the Subcommittee meeting (to be referred to Subcommittee).

Councilor Chernisky made a motion, seconded by Councilor King, to refer these items to Subcommittee. Councilor O'Brien said he would add these items to the next General Government Subcommittee meeting.

Agenda Item #18. Vote to support the Quinebaug Valley Rail Trail improvements that are being funded by a grant in the amount of $700,000.00 received from the Federal Government. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #19. Councilors' Forum

Councilor Chernisky stated the Concerts on the Common series had come under some criticism, and he wanted to clarify that the Southbridge Downtown Partnership was brought in this year in the middle of July, and he looked forward to a great year next year with more prior planning. Councilor Chernisky stated the upcoming town wide yard sale was another example of an event sponsored by the Southbridge Downtown Partnership.

Councilor Chernisky stated the fireworks committee was meeting again on 10/25/07 at the Fire Department. He stated the current plan included having a show on 7/3/07 at the Southbridge Airport.

Councilor King stated Mr. and Mrs. Chouinard on Chapin Street were concerned about the condition of their sidewalk in front of their house, and especially as Mr. Chouinard was healing from a recent injury and was a veteran of the military.

Councilor King stated he was getting complaints about the flushing of the hydrants, and asked if there was a way everyone could be notified or prepared for this event, and Mr. Carlisle described the ways this notification takes place.

Councilor O'Brien asked if the town had any random drug testing policies for any town employees, and Mr. Carlisle stated he would communicate these policies to the Town Council in writing.

Councilor Regis apologized for being so late.

Councilor Lazo stated he had also spoken with Mr. Chouinard, as well as Sandy Acly who is overseeing the grant funded repair of the Chapin Street sidewalks, and he agreed that an asphalt overlay in front of the house might be appropriate.

Councilor Vandal stated there was a dumpster near the gazebo on the Town Common, and he wanted it moved so that people could continue to take pictures there.

Councilor Vandal asked if Tot to Teen or Four Eyes Joke Shop, since they were now closed or closing, would have to reimburse the cost of their grant-funded awnings and signs.

Councilor Chernisky stated the dumpster at the Town Common was provided by Casella at the behest of the Downtown Partnership, and was to help keep the Common clean during the previous weekend's town wide yard sale, and he hoped no one wanting to take pictures at the Common was inconvenienced by this temporary dumpster.

Agenda Item #20. Discussion of next meeting date. Councilor Lazo recommended 10/29/07 as the next meeting date, seconded by Councilor O'Brien. Vote by show of hands, all in favor.

A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to adjourn. The meeting adjourned at 8:38 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, SEPTEMBER 24, 2007

A meeting of the Southbridge Town Council was held on Monday, September 24, 2007, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:00 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman McDonald led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors excused: Regis.

Agenda Item #3. Consider and accept the minutes of the following meetings:

September 10, 2007 - regular meeting. A motion was made by Councilor King, seconded by Councilor O'Brien, to accept these minutes. Vote by show of hands, all in favor.

September 17, 2007 - Council of the Whole. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to accept these minutes. Vote by show of hands, all in favor, one abstention (Councilor King).

Agenda Item #4. Subcommittee Reports

  • General Government. Councilor O'Brien stated there were no minutes to read and no meeting was scheduled.
  • Department of Public Works. Councilor Vandal stated there was a meeting scheduled for 9/26/07.
  • Education and Human Services. Councilor Nikolla stated there was a meeting scheduled for 10/2/07
  • Protection of Persons and Property. Councilor Lazo described the meeting of 9/20/07. He stated he wanted to add Agenda Item #8a to tonight's meeting, in order to appoint Greg Kalis and Daniel Fiorelli as Citizen Members of the PPP Subcommittee. A motion to this effect was made by Councilor Chernisky, seconded by Councilor King. Vote by show of hands, all in favor.
  • Town Manager. Councilor Chernisky said the minutes of the 9/18/07 meeting would be read when they were approved at subcommittee. Councilor Chernisky read the minutes of the 9/4/07 meeting.

Agenda Item #5. Chairman's Announcements

Chairman McDonald asked the Town Manager about the policy with the new recycling containers. Mr. Carlisle stated the program is voluntary. Mr. Carlisle stated the 96 gallon tote trash barrel being distributed to households can be used to haul accepted recycling materials. Mr. Carlisle stated any container would do for recycling if one did not choose to use the free tote trash barrel being provided. Mr. Carlisle stated to take advantage of the incentive program whereby a participant can receive monthly coupons, a handling charge of $3.75 will be assessed, after the initial six months, during which time the incentive program would be free. Mr. Carlisle stated anytime the amount of coupon value someone receives drops below $10 in a month, then the $3.75 monthly charge will be waived for the following month. All of this information was outlined in a sheet provided by the Town Manager (see attachment #1).

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle spoke about the dinner being held on October 6, 2007, by the Laos Association of Southbridge (see attachment #2).

Mr. Carlisle spoke about the letter from the Inspector General's office, dated 9/20/07 (see attachment #3), which outlined the requirement of the School Department in procuring any bid for a job worth more than $25,000. Mr. Carlisle stated the School Committee would be working on this and would hopefully be reporting to the Town side soon.

Mr. Carlisle stated he had received an e-mail from Reed Hillman, thanking the Town Council for their support of him as a Federal Marshall (see attachment #4).

Mr. Carlisle talked about issues in a handout provided to the Town Council (see attachment #5). This handout contained the following issues: Revenue Budget and Recap votes, and the need to perform various votes in order to get the budget in to the state on time; Residential tax abatement; excess School Department material for sale at auction; water fund revenue; the Prince Road project; and the retirement of the Fire Chief, the Deputy Fire Chief, the pending retirement of the DPW Director, the reorganization of the police and fire departments, and the appointment of Richard Ciesla as the Acting Fire Chief.

Discussion was held about the Town Manager announcements:

Councilor O'Brien asked how the school software contract could have come to this point when the Town Manager is the procurement officer, and Mr. Carlisle explained how this situation had reached its current state.

Councilor Chernisky asked what specifically could be recycled, and Mr. Carlisle stated several flyers as well as the instructions on the cover of the tote trash barrel explained this. Councilor Chernisky asked about the pending hiring of two firemen, and other hiring issues.

Councilor Vandal asked how often the recycling was going to be picked up, and Mr. Carlisle stated it would be every other week. Councilor Vandal asked if clear bags were required for the regular trash, and Mr. Carlisle stated this was a town bylaw, but as of now this bylaw was not being enforced. Councilor Vandal clarified with the Town Manager the price of inclusion in the recycling incentive program would be $3.75 per month, after the six month initial free trial period.

Councilor Nikolla clarified with the Town Manager that this coming Saturday, 9/29/07, was the hazardous waste day at the landfill for residents of the town.

Councilor O'Brien asked about disposal of yard waste in the coming autumn, and Mr. Carlisle stated curbside pickup of yard waste would occur for a four week period in October, and the Southbridge Tire site on Dresser Hill continued to be open to dispose of yard waste.

Chairman McDonald referred several of Mr. Carlisle's talking points to various subcommittees, as follows:

- Reorganization of the Police and Fire Departments, to the PPP Subcommittee.

- The budget and tax abatement programs, and the water fund revenue, to the General Government Subcommittee.

- School Property Sale, to the General Government Subcommittee.

- Prince Road Project, to Planning and Development Subcommittee.

A recess was called at 7:55 p.m., and the meeting continued at 8:05 p.m.

Agenda Item #7. Citizens' Forum

Paul Larkin of Dennison Drive stated he loved the recycling program and he thought it would work. Mr. Larkin complimented Councilors Livengood and Nikolla for their forward thinking. Mr. Larkin stated the Town Council had created a more confrontational environment, and he didn't find this helpful.

Nelson Gagnon of Central Street stated the Downtown area is a mess and the DPW is not doing their job. Councilor Nikolla asked if Casella could pick up the Downtown area trash barrels on Monday instead of Wednesday, and Mr. Carlisle stated change is on the way.

Agenda Item #8. Vote to ratify an Agreement with Pioneer Consulting Group, Inc. in the amount of $12,500.00 for a water and sewer rate study. A motion was made by Councilor King, seconded by Councilor Nikolla, to vote this item.

Further discussion was held regarding the need for this study.

Agenda Item #8. Vote by roll call, Councilors in favor: Livengood, McDonald, and Nikolla. Councilors opposed: Chernisky, King, Lazo, O'Brien, and Vandal. Motion fails.

Agenda Item #8a. Vote to appoint Greg Kalis and Daniel Fiorelli as Citizen Members of the Protection of Persons and Property Subcommittee. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to approve these appointments. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #9. Vote to ratify the engagement letter with Melanson Heath & Company, PC in the amount not to exceed $48,000.00 for FY 2007 Town Audit. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #10. Vote to ratify the Contract with the Department of Housing and Community Development for the FY 2007 Community Development Block Grant in the amount of $800,000.00. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #11. Vote to confirm the Town Manager's appointment of Paul Larkin as an alternate member of the Liquor Licensing Board for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #12. Vote to adopt the White Paper for Business & Job Development dated March 7, 2007 as the Town's planning guide for short and long-term contracts. A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to vote this item.

Councilor Vandal stated he wanted more information about this. Councilor O'Brien made a motion to table this item, seconded by Councilor Lazo. Vote to table by roll call, Councilors in favor: Lazo, McDonald, O'Brien, and Vandal. Councilors opposed: Chernisky, King, Livengood, and Nikolla. Motion fails.

Councilor Chernisky made a motion to amend this item by replacing the word "contracts" with the word "plan." This was seconded by Councilor Livengood. Vote to amend, by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Motion passes.

Vote on agenda Item #12, as amended (as follows): Vote to adopt the White Paper for Business & Job Development dated March 7, 2007 as the Town's planning guide for short and long-term plans. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #13. Vote to amend the Town of Southbridge Revised Personnel Regulations as follows:

4.7 WAGE PAYMENT

The Town of Southbridge utilizes a work week extending from Sunday to Saturday. All town employees will receive pay checks from their respective departments heads on Thursday of each week or on a bi-weekly basis unless unforeseen complications prohibit payment (snowstorms, etc). In this instance, pay checks will be issued to employees at the earliest possible date.

A motion was made to vote this item by Councilor Chernisky, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, Livengood, McDonald, Nikolla, O'Brien, and Nikolla. Councilors opposed: King and Lazo. Motion passes.

Agenda Item #14. Vote to transfer from Town Council Reserve Account 001.0132.5781 the amount of $18,000.00 to the Site Management Services Enterprise Fund Account 670.0945.5580 Miscellaneous Materials and Supplies. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item.

Discussion was held regarding this amount, whose purpose was to help construct the fences for the fields at the McCann Fields. Councilor Vandal questioned whether this work could be done this year. Councilor Chernisky stated he appreciated any donations made by the private sector for work on these fields.

Agenda Item #14. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #15. Vote to authorize the Town Council Chairman to sign and issue the attached letter of instruction to the Town Manager. A motion was made by Councilor Chernisky, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Chairman McDonald called for a recess at 9:12 p.m., and the meeting resumed at 9:21 p.m.

Agenda Item #16. Vote to amend the Town of Southbridge Code of By-Laws by adding the following:

SECTION 7-507 SEX OFFENDER RESIDENCY

SECTION 1. DEFINITION OF TERMS:

  • (a) "PARK" means public land designated for active or passive recreational or athletic use by the Town of Southbridge, the Commonwealth of Massachusetts or other governmental subdivision, and located within the Town of Southbridge.
  • (b) "SCHOOL" means any public or private educational facility that provides services to children in grades kindergarten - 12.
  • (c) "DAY CARE CENTER" means an establishment, whether public or private, which provides care for children and is registered with and licensed pursuant to the laws of the Commonwealth of Massachusetts by the Office of Child Care Services.
  • (d) "ELDERLY HOUSING FACILITY" means a building or buildings on the same lot containing four or more dwelling units restricted to occupancy by households having one or more members fifty-five years of age or older.
  • (e) "PLACE OF WORSHIP" means a structure used for religious worship or religious education purposes on land owned by, or held in trust for the use of, any religious organization.
  • (f) "SEX OFFENDER" means a person who resides, works or attends an institution of higher learning in the commonwealth and who has been convicted of a sex offense or who has been adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense or a person released from incarceration or parole or probation supervision or custody with the Department of Youth Services for such a conviction or adjudication or a person who has been adjudicated a sexually dangerous person under G.L. c. 123A, §14, as in force at the time of adjudication, or a person released from civil commitment pursuant to section 9 of said chapter 123A, whichever last occurs, on or after August 1, 1981.
  • (g) "SEX OFFENDER REGISTRY" means the collected information and data that is received by the criminal history systems board pursuant to Sections 178C to 178P, inclusive, as such information and data is modified or amended by the sex offender registry board or a court of competent jurisdiction pursuant to said Sections 178C to 178P, inclusive.
  • (h) "PERMANENT RESIDENCE" means a place where a person lives, abides, lodges, or resides for five (5) or more consecutive days or fourteen (14) or more days in the aggregate during any calendar year.
  • (i) "TEMPORARY RESIDENCE" means a place where a person lives, abides, lodges, or resides for a period of less than five (5) consecutive days or fourteen (14) days in the aggregate during any calendar year, which is not the person's permanent address or place where the person routinely lives, abides, lodges, or resides and which is not the person's permanent residence.
  • (j) "ESTABLISHING A RESIDENCE" means to set up or bring into being a dwelling place or an abode where a person sleeps, which may include more than one location, and may be mobile or transitory, or by means of purchasing real property or entering into a lease or rental agreement for real property (including a renewal or extension of a prior agreement whether through written execution or automatic renewal).

SECTION 2. SEXUAL OFFENDER RESIDENCE PROHIBITION:

It is unlawful for any sex offender who is finally classified as a level 2 or 3 offender pursuant to the guidelines of the Massachusetts Sex Offender Registry Board, to establish a permanent residence within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence to the nearest outer property line of a school, day care center, park, elderly housing facility or place of worship.

SECTION 3. NOTICE TO MOVE:

Any registered level 2 or level 3 sex offender who establishes a permanent residence within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship shall be in violation of this section and shall, within thirty (30) days of receipt of written notice of the sex offender's noncompliance with this chapter, move from said location to a new location, but said location may not be within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship. It shall constitute a separate violation for each day beyond the thirty (30) days the sex offender continues to reside within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship. Furthermore, it shall be a separate violation each day that a sex offender shall move from one location in the Town of Southbridge to another that is within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship.

SECTION 4. PENALTIES:

Violation of this bylaw, or of any regulations adopted hereunder, may be enforced through any lawful means in law or in equity by the Board of Selectmen, the Town Manager, or their duly authorized agents, or any police officer of the Town of Southbridge including, but not limited to, enforcement by non-criminal disposition pursuant to G.L. c. 40, §21D. Each day a violation exists shall constitute a separate violation. The penalties shall be as follows:

(a) First Offense: Notification to offender that he/she has thirty (30) days to move. (b) Subsequent Offense: Non-criminal fine of $300.00 and notification to the offender's landlord, parole officer and/or probation officer and the Commonwealth's Sex Offender Registry Board that the person has violated a municipal ordinance. Such a subsequent offense constitutes a breach of the peace for which the offender is also subject to immediate arrest.

SECTION 5. EXCEPTIONS:

A person residing within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship does not commit a violation of this section if any of the following apply:

  • (a) The person established the permanent residence and reported and registered the residence, in accordance with the regulations of the Massachusetts Sex Offender Registry Board, prior to the effective date of this by-law.
  • (b) The person was a minor when he/she committed the offense and was not convicted as an adult.
  • (c) The person is a minor.
  • (d) The school, day care center, park, elderly housing facility or place of worship within five hundred (500) feet of the personal permanent residence was established after the person established the permanent residence and reported and registered the residence pursuant to the Sex Offender Registry Law.
  • (e) The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.
  • (f) The person is admitted to and/or subject to an order of commitment at a public or private facility for the care and treatment of mentally ill persons pursuant to G.L. c. 123.
  • (g) The person is a mentally ill person subject to guardianship pursuant to G.L. c. 201, §6 or a mentally retarded person subject to guardianship pursuant to G.L. c. 201, §6A, residing with his or her guardian or residing within a group residence that is professionally staffed and supervised 24 hours a day.

Third and final Reading

Councilor O'Brien made the third reading. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to accept this third reading. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Motion passes.

Agenda Item #17. Councilors' Forum

Councilor Chernisky stated the fireworks committee had met for the first time, and the next meeting was on 10/4/07 at 7:30 at the fire station, and anyone interested was welcome to attend.

Councilor Chernisky stated he had received a call from a young person who was a skateboarder, and had told him the town needed a skateboard park. Councilor Chernisky commended the young man for speaking in a respectable and responsible manner.

Councilor Chernisky stated there was a town-wide yard sale coming up on 10/13/07, from 8 a.m. to 3 p.m., on the Town Common and throughout the town, sponsored by the Southbridge Downtown Partnership.

Councilor Chernisky stated any appropriation to build recreation fields at the site of the Town's old dump on Torrey Road needed to clear the Town Council, and Mr. Carlisle confirmed this was true, and that the Town was a long way from putting fields at this site.

Councilor King stated he had a received a packet from Mrs. Wetherbee-Lewis, and now he wanted a DPW Subcommittee meeting to make the current temporary pilot program for plants in the cemetery to become a permanent policy.

Councilor King wanted to know if there was any interest in filling the seat on the Southbridge Housing Authority.

Councilor King wished Sergeant Mulcahy the best with his new life in Florida.

Councilor Lazo thanked Ajay LaRochelle for his 30+ years of service to the Southbridge Fire Department.

Councilor Lazo stated the work at the old dump on Torrey Road looked like it was coming along pretty good.

Councilor Lazo asked if the auction of old DPW material had been held yet, and Mr. Carlisle stated this was coming in October.

Councilor Vandal asked about the functioning of the street lights near Saver's Bank, as well as the lights in front of the Chinese restaurant downtown, and Mr. Carlisle said he would have the DPW look into this.

Councilor Nikolla thanked Ajay LaRochelle for his work for the Town.

Councilor Nikolla asked if there would ever be a street light on High Street by the Rez, and Mr. Carlisle stated he just needed the pole number for this work.

Councilor Lazo stated the newspaper was making it out that the exodus of people from town employment was the fault of the Town Council, and this was not true. Councilor Lazo stated the Town Council do work well together.

Agenda Item #18. Discussion of next meeting date: Councilor Lazo recommended 10/15/07 as the next meeting date, seconded by Councilor O'Brien. Vote by show of hands, all in favor.

Agenda Item #19. Adjournment. Councilor King made a motion to adjourn, seconded by Councilor Chernisky. Vote by show of hands, all in favor. The meeting adjourned at 9:47 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, MONDAY, SEPTEMBER 17, 2007

A Council of the Whole meeting of the Southbridge Town Council was held on Monday, September 17, 2007, in the Robert MacKinnon Council Chambers.

Agenda Item #1. Chairman will open the meeting. Chairman McDonald called the meeting to order at 7:08 p.m.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors excused: King.

Agenda Item #3. Proposal from Pioneer Consulting Group, Inc. for the Water/Sewer Rate Study.

An extensive discussion was held about the proposed water-sewer rate study, including the details of what this study would entail, the bidding process, and the winning bidder (please see attachment #1).

Debate was held regarding whether this study was necessary. Mr. Carlisle stated it was necessary to begin this study soon, in order to impact the next water-sewer billing cycle.

Councilor Livengood made a motion to recommend the full Council approve this RFP at the next regular Council meeting, seconded by Councilor Regis.

At this point John Gatti of Briarwood Ave asked to speak to the Council. Councilor Vandal made a motion to suspend the rules and allow him to speak at this Council of the Whole meeting, seconded by Councilor O'Brien. Vote by show of hands, majority in favor.

Chairman McDonald called for a recess at 8:23, and the meeting resumed at 8:33 p.m.

Mr. Gatti stated the Town of Southbridge had a precious resource in its water supply, and a valuable commodity in its water treatment facility, and he thought it was important to take good time in dealing with other communities who wanted to purchase water or sewer treatment from the town.

Motion to recommend to full council adopting the RFP as described above. Vote, by roll call, Councilors in favor: Livengood, McDonald, Nikolla, and Regis. Councilors opposed: Chernisky, Lazo, O'Brien, and Vandal. Motion fails.

Councilor Chernisky made a motion to send this RFP to a vote of the full Council without recommendation, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Agenda Item #4. Little League Field Construction.

A discussion was held regarding desired improvements at the McCann Fields. Mr. Carlisle described how the town had agreed to borrow about $60,000 to affect repairs, and how this amount would be combined with the commitment by the Lazo family to construct a concession stand/press box at the site, and how the Town's DPW could contribute to complete this work, and the desire to have water and sewer installed at the time of improvements.

Ted Hilli of the Little League board stated in the long run the leagues did not want to be at Henry Street, as everything gets vandalized and torn up, and the idea of having fields at the previously discussed Torrey Road site would be a better solution. Mr. Hilli stated any temporary fix would have to include leveling the fields to ensure grounders have a true bounce and no kids get hurt.

Mr. Carlisle asked DPW Director Hamer Clarke how far the improvements could get this year, in preparation for next year, and Mr. Clarke stated the big sticking point would be finding the appropriate equipment to rent for leveling the fields.

Councilor Chernisky told the assembled little league officials that even with repairs, the very real possibility existed that there would be no grass on the fields for next year. Councilor Chernisky told the little league officials that the fencing for the two fields would be their responsibility, and Shawn Moriarty of the Southbridge Little League stated he could not promise that, as the board was electing new officers in the coming week.

A recess was held between 9:18 p.m. and 9:25 p.m., to allow changing of the tape in the video machine.

Councilor Nikolla and a gentleman from the little league stated it would be pointless to do any repairs at this site without conversantly installing a fence, to stave off vandalism.

There was discussion about committing the town to repairs in the amount of $60,000 for these fields, and Mr. Carlisle stated this had already been done, and now the fences needed to be addressed.

A motion was made that the Town Council stand behind the approximately $18,000 needed to install fencing for the fields, from the Town Council Reserve Account, to be offset by any donations raised by the leagues between now and April. This motion was made by Councilor O'Brien, seconded by Councilor Lazo. Vote by show of hands, all in favor.

Councilor Regis asked where the town was in terms of a permanent solution to this problem, and Mr. Carlisle stated a proposal had been laid out for a $1.5 million borrowing, to be paid from the new Site Maintenance Enterprise Fund, to prepare the 10 or so acres of land at the site of the town's old dump, to hold several recreation fields.

A motion was made to adjourn by Councilor Chernisky, seconded by Councilor Lazo. Vote by show of hands, all in favor. The meeting adjourned at 9:40 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, SEPTEMBER 10, 2007

A meeting of the Southbridge Town Council was held on Monday, September 10, 2007, in the Robert McKinnon Council Chambers. Chairman McDonald called the meeting to order at 7 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman McDonald led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

Agenda Item #3. Consider and accept the minutes of August 27, 2007 meeting. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to accept these minutes. Councilor O'Brien noted two corrections: On page two, on the fourth paragraph of Town Manager Announcements, the minutes incorrectly reflect Councilor O'Brien inquiring about the projected amount of interest for the 185 Guelphwood Road project, when it should read the interest on the Armory Building bonding. Also, on page four at Agenda Item #15, the vote on this item reflects a vote to table the item when it should reflect a vote to refer the item to subcommittee. Vote to accept the minutes with the above corrections, by show of hands, unanimous in favor.

Agenda Item #4. Subcommittee Reports:

  • General Government. Councilor O'Brien summarized the minutes of the 8/23/07 meeting. He stated another meeting was scheduled for 9/12/07 at 7 p.m. in the Rice Conference Room.
  • Department of Public Works. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
  • Education and Human Services. Councilor Nikolla stated there would be a meeting scheduled soon.
  • Planning and Development. Councilor Livengood read the minutes of the 9/6/07 meeting, and stated the next meeting was on 10/3/07.
  • Protection of Persons and Property. Councilor Lazo stated a meeting would be scheduled soon.
  • Town Manager. Councilor Chernisky stated a meeting was scheduled for 9/18/07 at 7 p.m. in the Rice Conference Room, and the minutes from the meeting of 9/4/07 would be accepted at that meeting.

Agenda Item #5. Chairman's Announcements. Chairman McDonald had no announcements.

Agenda Item #6. Town Manager Announcements.

Town Manager Carlisle stated the Hi-Lo gas station at the bottom of West Street was now finally back in business, after the gasoline tank leak that closed the business for a year and a half.

Mr. Carlisle stated John Pulawski had made a formal request for the hydrogen sulfide and methane level reports for the sewer treatment plan. Mr. Carlisle stated since 2003 the leachate from the landfill had been trucked to another facility out of town.

Mr. Carlisle stated the water and sewer study data was being assembled, and soon a subcommittee meeting would be scheduled to review the contract, and then this would come back to Council for a vote.

Mr. Carlisle stated two Western Massachusetts men had been arrested in New Hampshire for break-ins at town halls, and hopefully this would stop the break-ins at town halls and non profits in Massachusetts. Mr. Carlisle stated the Town of Southbridge Town Hall was equipped with an alarm system.

Mr. Carlisle stated, as per the Council's request, an attorney had been found to do the review of the Fire Chief's wages, this attorney being Catherine Hesse of Quincy, Mass.

Mr. Carlisle stated the next hazardous waste day at the landfill was scheduled for 9/29/07.

Agenda Item 6a. Overview of single stream recycling by Casella. Jerry Galena and Anthony Casali of Casella Corporation gave an overview of the new recycling program, coming to the town on October 1st. With this program, 96 gallon containers will be provided to all households, each with a unique barcode which will be read by special computers on each trash truck. Based on the quantity of recyclable material each household can receive up to $35 a month in vouchers for local and national business. Also, on 9/29/07 a recycling day will be held on the Town Common, with amusement for the kids and information on recycling. It was explained that the pickup for this recycling material will occur every other week.

Agenda Item #7. Citizens' Forum.

Leonard Laporte of Columbus Ave, also the Fire Chief of the Town of Southbridge, stated inquiries into his pay, which had gone on since May of 2006, were becoming a distraction. Chief Laporte stated the actions of the Council, in making personal attacks against his integrity, had crossed the time, and it was time to take action. Chief Laporte stated he was announcing his retirement, after 36 years in the department and 22 years as chief. Chief Laporte stated with the existing council him being chief would always be a distraction, and the Fire Department should always come first. Chief Laporte stated he was glad the Council Chairman had selected a reviewer for the issues which had been mentioned, as he knew he had done nothing wrong. Chief Laporte stated all payments to him were a matter of public record. Chief Laporte stated it was time to move forward, and he planned on spending more time with his family.

Chief Laporte stated managing the Fire Department was different that managing an entity in the civilian world, because the cost of improper management could cost someone their life. Chief Laporte described many of the things he was proud of, including all the new equipment the fire department had been able to get during his tenure, and the latest safety equipment for each of the firemen in the department. Chief Laporte stated he was proud to work with the members of the Southbridge Fire Department.

Larry Beinema of Dennison Hill Road asked about the status of the Landfill Oversight Subcommittee, and Chairman McDonald stated this was still a standing committee, but had not yet met.

Mr. Beinema asked about the repayment schedule for the Town Armory. Mr. Carlisle stated the original borrowing was for about $880,000, and an additional $20,000 or so had been added to this fund from leftover money from a consolidated bond for the purchase of the tower truck for the fire department. Mr. Carlisle stated one misconception surrounding the Armory was that the this was a town asset which had been at one time turned over to the state, when in fact the construction of this building had been paid for by the Commonwealth.

A motion was made by Councilor Lazo, seconded by Councilor King, to allow Mr. Beinema an additional 5 minutes to speak. Vote by show of hands, unanimous in favor.

Mr. Beinema asked if the funds received from the State would be escrowed and invested until year 10 of the payoff. Mr. Carlisle stated the Town was dealing with Gerald Perry, the Deputy Commissioner of the Department of Revenue, and the Town was seeking clarification on the manner of compensation to the Town. Mr. Carlisle stated the original purchase of the Armory was without expectation of reimbursement, and the purchase took place, upon direction of the Town Council, to have an asset that can serve the community.

Agenda Item #8. Vote to confirm the Town Manager's appointment of James Sottile to the Liquor Licensing Board for the Town of Southbridge for a three-year term to expire June 30, 2010.

Councilor O'Brien made a motion to refer this item to General Government Subcommittee, seconded by Councilor King. Vote by show of hands, unanimous in favor.

Agenda Item #9. Vote to confirm the Town Manager's appointment of Paul Larkin as an alternate member of the Liquor Licensing Board for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor O'Brien, seconded by Councilor King, to refer this item to General Government Subcommittee. Vote by show of hands, unanimous in favor.

Agenda Item #10. Vote to adopt a Resolution in Support of the Mass Recycles Paper! Campaign. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #11. The Town Council of the Town of Southbridge, hereby votes to accept four (4) certain properties, previously conveyed to the Town of Southbridge, and located at:

  • 1. Worcester Street (Worcester Registry of Deeds Book 20240, Page 273);
  • 2. Main Street (Worcester Registry of Deeds Book 19100, Page 159);
  • 3. North Street (Worcester Registry of Deeds Book 19089, Page 284); and
  • 4. Hamilton Street (Worcester Registry of Deeds Book 19172, Page 349);

and hereby authorizes the Town Manager to execute acceptances for said properties on behalf of the Council, said acceptances to be recorded at the Worcester Registry of Deeds.

Project Assistant Karen Loin addressed the Council, and explained that accepting Agenda Items #11 through #15 would allow the Town to sell four small parcels purchased in 1997 and 1998. Mrs. Loin stated Agenda Item #11 would allow the Town Manager to report the acceptances for these parcels, which was not done at the time of original purchase. Mrs. Loin stated Agenda Items #12 through #15 would allow for the sale of each parcel. Mrs. Loin stated the wording in tonight's vote did in fact differ from the original agenda language, as this was advised by the Town's attorneys as more proper wording.

Councilor Lazo asked about the properties on North Street and Worcester Street, and stated the Town should retain these bits of property for any future improvement of the roadway in their vicinity.

Councilor Regis asked if any of these parcels meet the minimum criteria for disposal, and Mrs. Loin stated the Worcester Street Property has an assessed value of over $25,000, and has to go out for a request for proposals, while the rest don't meet the $25,000 threshold and can go for sale.

Councilor Vandal asked if any of these were buildable lots, and Mrs. Loin stated she believed the Town Manager's intention was to sell these properties with language to prohibit building there.

Agenda Item #11. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Regis. Councilors opposed: Vandal. Vote passes.

Agenda Item #12. Vote to authorize the Town Manager to dispose of certain property located on Worcester Street, described in a deed recorded in Book 20240, Page 273, on such terms and conditions and for such monetary compensation as the Town Manager deems in the best interest of the Town. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Councilor Lazo urged the Council to reject this sale, as this piece property could be useful for the Town at a future time, to create a better roadway. Vote by roll call, Councilors in favor: Livengood. Councilors opposed: Chernisky, King, Lazo, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote fails.

Agenda Item #13. Vote to authorize the Town Manager to dispose of certain property located on Main Street, described in a deed recorded in Book 19100, Page 159, on such terms and conditions and for such monetary compensation as the Town Manager deems in the best interest of the Town. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #14. Vote to authorize the Town Manager to dispose of certain property located on North Street, described in a deed recorded in Book 19089, Page 284, on such terms and conditions and for such monetary compensation as the Town Manager deems in the best interest of the Town. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Councilors opposed: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote fails.

Agenda Item #15. Vote to authorize the Town Manager to dispose of certain property located on Hamilton Street, described in a deed recorded in Book 19172, Page 349, on such terms and conditions and for such monetary compensation as the Town Manager deems in the best interest of the Town. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #16. Vote to remove from the Table the following motion that was tabled at the Town Council meeting of August 27, 2007, Agenda Item No. 35:

Vote to appropriate the sum of $250,000.00 to carry out various capital improvements on the Cotton property and the Guelphwood Road property, to be known as the Combined DPW Facility, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as amended; and to authorize the Treasurer, with the approval of the Town Manager, to raise and appropriate said funds by issuing bonds or notes under Section 7 and/or 8 of Chapter 44 of the General laws and/or Chapter 29C, which bonds and notes shall be the general obligation of the Town unless the Treasurer, with the approval of the Town Manager, determines that the bonds and notes should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C.

(2/3 Roll Call Vote Required)

A motion was made by Councilor King, seconded by Councilor Chernisky to vote to remove this item from the table. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #17. Action on the motion removed from the table if so voted. A motion was made by Councilor King, seconded by Councilor Livengood, to vote the following: Vote to appropriate the sum of $250,000.00 to carry out various capital improvements on the Cotton property and the Guelphwood Road property, to be known as the Combined DPW Facility, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as amended; and to authorize the Treasurer, with the approval of the Town Manager, to raise and appropriate said funds by issuing bonds or notes under Section 7 and/or 8 of Chapter 44 of the General laws and/or Chapter 29C, which bonds and notes shall be the general obligation of the Town unless the Treasurer, with the approval of the Town Manager, determines that the bonds and notes should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C.

(2/3 Roll Call Vote Required)

Agenda Item #17. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, Regis, and Vandal. Councilors opposed: Lazo and O'Brien. Vote passes.

Agenda item #18. Vote to amend the Town of Southbridge Code of By-Laws by adding the following:

SECTION 7-507 SEX OFFENDER RESIDENCY

SECTION 1. DEFINITION OF TERMS:

  • (a) "PARK" means public land designated for active or passive recreational or athletic use by the Town of Southbridge, the Commonwealth of Massachusetts or other governmental subdivision, and located within the Town of Southbridge.
  • (b) "SCHOOL" means any public or private educational facility that provides services to children in grades kindergarten - 12.
  • (c) "DAY CARE CENTER" means an establishment, whether public or private, which provides care for children and is registered with and licensed pursuant to the laws of the Commonwealth of Massachusetts by the Office of Child Care Services.
  • (d) "ELDERLY HOUSING FACILITY" means a building or buildings on the same lot containing four or more dwelling units restricted to occupancy by households having one or more members fifty-five years of age or older.
  • (e) "PLACE OF WORSHIP" means a structure used for religious worship or religious education purposes on land owned by, or held in trust for the use of, any religious organization.
  • (f) "SEX OFFENDER" means a person who resides, works or attends an institution of higher learning in the commonwealth and who has been convicted of a sex offense or who has been adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense or a person released from incarceration or parole or probation supervision or custody with the Department of Youth Services for such a conviction or adjudication or a person who has been adjudicated a sexually dangerous person under G.L. c. 123A, §14, as in force at the time of adjudication, or a person released from civil commitment pursuant to section 9 of said chapter 123A, whichever last occurs, on or after August 1, 1981.
  • (g) "SEX OFFENDER REGISTRY" means the collected information and data that is received by the criminal history systems board pursuant to Sections 178C to 178P, inclusive, as such information and data is modified or amended by the sex offender registry board or a court of competent jurisdiction pursuant to said Sections 178C to 178P, inclusive.
  • (h) "PERMANENT RESIDENCE" means a place where a person lives, abides, lodges, or resides for five (5) or more consecutive days or fourteen (14) or more days in the aggregate during any calendar year.
  • (i) "TEMPORARY RESIDENCE" means a place where a person lives, abides, lodges, or resides for a period of less than five (5) consecutive days or fourteen (14) days in the aggregate during any calendar year, which is not the person's permanent address or place where the person routinely lives, abides, lodges, or resides and which is not the person's permanent residence.
  • (j) "ESTABLISHING A RESIDENCE" means to set up or bring into being a dwelling place or an abode where a person sleeps, which may include more than one location, and may be mobile or transitory, or by means of purchasing real property or entering into a lease or rental agreement for real property (including a renewal or extension of a prior agreement whether through written execution or automatic renewal).

SECTION 2. SEXUAL OFFENDER RESIDENCE PROHIBITION:

It is unlawful for any sex offender who is finally classified as a level 2 or 3 offender pursuant to the guidelines of the Massachusetts Sex Offender Registry Board, to establish a permanent residence within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence to the nearest outer property line of a school, day care center, park, elderly housing facility or place of worship.

SECTION 3. NOTICE TO MOVE:

Any registered level 2 or level 3 sex offender who establishes a permanent residence within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship shall be in violation of this section and shall, within thirty (30) days of receipt of written notice of the sex offender's noncompliance with this chapter, move from said location to a new location, but said location may not be within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship. It shall constitute a separate violation for each day beyond the thirty (30) days the sex offender continues to reside within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship. Furthermore, it shall be a separate violation each day that a sex offender shall move from one location in the Town of Southbridge to another that is within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship.

SECTION 4. PENALTIES:

Violation of this bylaw, or of any regulations adopted hereunder, may be enforced through any lawful means in law or in equity by the Board of Selectmen, the Town Manager, or their duly authorized agents, or any police officer of the Town of Southbridge including, but not limited to, enforcement by non-criminal disposition pursuant to G.L. c. 40, §21D. Each day a violation exists shall constitute a separate violation. The penalties shall be as follows:

  • (a) First Offense: Notification to offender that he/she has thirty (30) days to move.
  • (b) Subsequent Offense: Non-criminal fine of $300.00 and notification to the offender's landlord, parole officer and/or probation officer and the Commonwealth's Sex Offender Registry Board that the person has violated a municipal ordinance. Such a subsequent offense constitutes a breach of the peace for which the offender is also subject to immediate arrest.

SECTION 5. EXCEPTIONS:

A person residing within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship does not commit a violation of this section if any of the following apply:

  • (a) The person established the permanent residence and reported and registered the residence, in accordance with the regulations of the Massachusetts Sex Offender Registry Board, prior to the effective date of this by-law.
  • (b) The person was a minor when he/she committed the offense and was not convicted as an adult.
  • (c) The person is a minor.
  • (d) The school, day care center, park, elderly housing facility or place of worship within five hundred (500) feet of the personal permanent residence was established after the person established the permanent residence and reported and registered the residence pursuant to the Sex Offender Registry Law.
  • (e) The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.
  • (f) The person is admitted to and/or subject to an order of commitment at a public or private facility for the care and treatment of mentally ill persons pursuant to G.L. c. 123.
  • (g) The person is a mentally ill person subject to guardianship pursuant to G.L. c. 201, §6 or a mentally retarded person subject to guardianship pursuant to G.L. c. 201, §6A, residing with his or her guardian or residing within a group residence that is professionally staffed and supervised 24 hours a day.

Second Reading

Councilor King made a motion, seconded by Councilor Livengood, to vote the approval of this second reading. Vote by show of hands, 8 in favor, 1 abstain (Chernisky). Vote passes.

Agenda Item #19. Councilors' Forum

Councilor Livengood thanked all the young people who were working the cameras for tonight's meeting.

Councilor Livengood read a definition of teamwork from Webster's Dictionary. Councilor Livengood stated the Town Manager was being accused of deception, and that baseless allegations were being made that required attorneys to look into, at a cost to the town. Councilor Livengood stated the Council must work toward rebuilding the trust of the community, and the Council had an obligation to hold itself to a higher standard. Councilor Livengood stated there needed to be attitude adjustments, and if not, then maybe an Executive Session meeting was warranted to determine a more binding behavior.

Councilor Livengood stated the manner in which the Fire Chief left the Town's employ was shameful for the Council and shameful for the Town.

Councilor Nikolla stated her dismay at the abrupt resignation of the Fire Chief, and she congratulated him on a wonderful career, and stated his leaving was a loss for the Town.

Councilor Vandal stated he was approached by a citizen who had gone to this house with five questions, and who had given him a statement, which he read. These questions all dealt with the water and sewer rates and upgrades to the water and sewer operations in the town. Discussion was held regarding this, and it was determined this issue would be further explored at a Council of the Whole meeting.

Councilor Chernisky stated he was taken aback at the information in the packet that indicated the repairs to the McCann Field baseball diamonds would be in the $270,000 range, and not the $65,000 figure which had been discussed. Mr. Carlisle stated he too was surprised to get this number, and had inquired of the DPW Director Mr. Clarke about this. Mr. Carlisle stated the answer he received was that the original $30,000 per field cost was merely the cost of laying down a new field and making do with it, and that the DPW Director had taken the approach that the $270,000 was the real cost of putting a quality little league field. Mr. Carlisle stated Mr. Clarke had suggested to him providing the Council with a list of what can be done for $60,000, and a list of other things to be done, so the Council could pick which improvements they wanted done. Mr. Carlisle stated he had asked the DPW Director to put the cost of water and sewer into the estimate as well. Mr. Carlisle stated his thought was to provide a temporary arrangement looking for the best quality field for next year, that is, fields to accommodate the talked about press box/concession stand. Mr. Carlisle stated the whole project would be best served if the Town could get an answer back from the various leagues using the field about what they want for fences. Mr. Carlisle stated he wanted to get on with the $60,000 worth of work, and that the Town needed a little more of an investment from the leagues using the field.

Councilor Chernisky stated the last Concert on the Common was held the previous evening. He stated the Downtown Partnership was already working toward plans for next year. Councilor Chernisky thanked everyone involved with the 9/11 memorial event which had taken place the prior day, and he also thanked Sue Pelletier and Julianne McDonald for their help in the entire series.

Councilor Chernisky gave out to the Council a copy of a letter he had drafted to Senators Kennedy and Kerry, in support of Reed Hillman as a U.S. Marshall. Councilor Chernisky stated the letter should also be sent to Representative Neal, and the Council was canvassed to see if everyone supported this effort, and everyone did. Councilor Chernisky stated he would e-mail this letter to Mrs. Laporte in the morning to have it put on Town letterhead.

Councilor Chernisky talked about the letter in the packet from Becky Jolin to the Southbridge Police Department, thanking them for saving her life. Councilor Chernisky commended the Southbridge Police Department for their efforts on behalf of Ms. Jolin.

Councilor King stated regarding Councilor Livengood's speech, that to say baseless allegations were being made is absolutely false, and that if allegations were baseless he wouldn't be making them. Councilor King stated this current situation was just like last year, with the cafeteria workers being accused of stealing, that he had asked a simple question, and when he didn't get a simple answer it opened a whole can of worms, leading to another incident, etc. Councilor King stated he was not saying the Fire Chief was stealing, but that the issue was worth looking into. He stated he answered to the voters of the town, and he refused to wear horse blinders and rubber stamp everything that came before him.

Councilor King stated on the eve of 9/11 he had met a Marine back from Iraq, and he had thanked him, and he wanted to thank all servicemen around the world, as well as police and firemen, and that people needed to remember this was a good cause.

Councilor O'Brien stated tomorrow was a hallmark anniversary, and that he once had an office in the World Trade Center. He stated lots of innocent people had died that day, and no one should forget this.

Councilor Lazo corrected Mr. Carlisle's pronunciation of the name 'Gatti."

Councilor Lazo stated he was taken aback by the Fire Chief's announcement, and he wanted to wish the chief the best for him and his family, and he congratulated him for all his years of service to the town.

Chairman McDonald asked for a moment of silence in memory of the events of 9/11/01.

Agenda Item #20. Discussion of next meeting date. Councilor Lazo motioned for 9/24/07 as the next meeting date, seconded by Councilor Chernisky. Vote by show of hands, all in favor.

Chairman McDonald stated the Council of the Whole meeting to talk about the water and sewer rate study and other issues surrounding the water and sewer rates, as well as issues surrounding the McCann Field repairs, would be held on 9/17/07.

Agenda Item #21. Adjournment. Councilor King made a motion to adjourn, seconded by Councilor Lazo. The meeting adjourned at 8:15 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, TUESDAY, AUGUST 27, 2007

A meeting of the Southbridge Town Council was held on Monday, August 27, 2007, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman McDonald led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

Agenda Item #3. Consider and accept the following minutes:

August 6, 2007, Regular meeting. A motion was made by Councilor King, seconded by Councilor O'Brien to accept these minutes. Vote by show of hands, 8 in favor, 1 abstaining.

August 21, 2007 Council of the Whole meeting. A motion was made by Councilor King, seconded by Councilor O'Brien to accept these minutes. Vote by show of hands, unanimous in favor.

Agenda Item #4. Subcommittee Reports:

  • General Government. Councilor O'Brien stated there was a subcommittee meeting on 8/23/07, and the minutes would be ready by the next meeting.
  • Department of Public Works. Council Vandal gave a summary of the 8/7/07 meeting.
  • Education and Human Services. Councilor Nikolla stated there were no minutes to read and no meeting was scheduled.
  • Planning and Development. Councilor Livengood read the minutes of the 8/2/07 subcommittee meeting.
  • Protection of Persons and Property. Councilor Lazo gave an overview of the meeting of 8/8/07, and stated the minutes were available in the Town Manager's office. Councilor Lazo read the minutes of the 8/21/07 meeting. Discussion was held. The Recording Clerk stated if any Agenda Item that originated in a recent subcommittee was to be discussed at this meeting, then the proper time to debate was during discussion on that Agenda Item.
  • Town Manager. Councilor Chernisky read the minutes of the 8/13/07 meeting.

Agenda Item #5. Chairman's Announcements

Chairman McDonald asked Councilor King to help present Mr. Michael Veshia a proclamation from the Town and signed by the Council Chairman and the Town Clerk, commending him for the summer youth program, "Camp Veshia." Councilor King stated it was nice to see Mr. Veshia sticking with the Southbridge school system, and he read the proclamation. Mr. Veshia thanked everyone who helped, and thanked the police for their help in creating a safe environment.

Agenda Item #6. Town Manager announcements.

Town Manager Carlisle stated the Town Council had received from the State's Department of Revenue notice of how the Town Armory refund may be applied with the passage of legislature, and by signature of the Governor. Mr. Carlisle described the methodology for repayment.

Mr. Carlisle stated the readings for the water and sewer bills had begun, and would end late September to early October. Mr. Carlisle stated when the bills came in November the rate would continue status quo the entire recording period. Mr. Carlisle stated a rate disclosure, which would be referred to the DPW Subcommittee and included a cost of about $12,500.00, was necessary to look at the operating costs and the revenues of both water and sewer, which totaled above $4 million. Mr. Carlisle stated the impact of the over $10 million in improvements needed at 185 Guelphwood Road needed to be addressed, specifically the impact of repaying the bond issue.

Mr. Carlisle read a press release that described among other things how the administration expected a billing commitment of between 0 and 15% increase with regards to the February 2008 water revenue billings, and between 0 and 10% regarding the sewer revenue billings, and in both cases hopefully closer to 0%. Mr. Carlisle stated regarding Councilor Vandal's question on the ending balances for the Water and Sewer Enterprise Funds, on 6/30/07 the ending balance for the Water Enterprise Fund was $600,000, and the ending balance for the Sewer Enterprise Fund was $200,000.

Councilor O'Brien asked what the projected amount of interest was for the 185 Guelphwood Road project, and Mr. Carlisle stated he could get this. Councilor O'Brien asked if the Town could take advantage of free consulting services from the State of Massachusetts. Mr. Carlisle described a tight time sequence, as well as extenuating issues involving the Town's pre-existing water partnerships with Sturbridge and Charlton.

Agenda Item #7. Citizen's Forum

Nelson Gagnon of 32 Central Street talked about the amount of trash in town. He stated Henry Street was too noisy. He stated the street water drain on Oakes Ave was plugged with tree debris, and was blocking up the water during a storm. He commented on the condition of the flags downtown.

Kevin Buxton of Elm Street commended the Southbridge Evening News and their articles that highlighted the odors at the wastewater treatment facility. Mr. Buxton stated the community access channel was an important thing for the town, and stated he wanted subcommittee meetings to be televised as well. Mr. Buxton stated regarding citizen membership in subcommittees, the Town should consider new people who were interested instead of continuing with legacies of past boards, which would allow more interested citizens to participate. Mr. Buxton asked about storage of gases at the landfill, to save this revenue.

Agenda Item #8. Vote to confirm the appointment of Maurice Capistrand as a Citizen Member to the Department of Public Works Subcommittee for a six-month term to expire December 31, 2007. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this confirmation. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to confirm the appointment of Mark Morin as a Citizen Member to the Department of Public Works Subcommittee for a six-month term to expire December 31, 2007. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to confirm the appointment of Larry M. Beinema as a Citizen Member of the Town Manager Subcommittee for a six-month term to expire December 31, 2007. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item.

Town Manager Carlisle asked the Town Council to reject this appointment. Mr. Carlisle stated Mr. and Mrs. Beinema had a clear bias against him, which had been growing steadily since the Planning Board had reviewed the Shown application for a home-based business, and had culminated in Mrs. Beinema stating she "hopes he collects his pension and dies of a massive coronary the next day."

Councilor Lazo stated Mr. Beinema was a well respected man, and had every right to be on the subcommittee.

Agenda Item #10. Vote by roll call, Councilors in favor: Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky and King. Vote passes.

Agenda Item #11. Vote to confirm the appointment of David S. Langevin as a Citizen Member of the Town Manager Subcommittee for a six-month term to expire December 31, 2007. A motion was made by Councilor Chernisky, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #12. Vote to confirm the Town Manager's appointment of Thomas Messina as an Auxiliary Police Officer for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #13. Vote to confirm the Town Manager's appointment of Michael Sprouse as an Auxiliary Police Officer for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #14. Vote to confirm the Town Manager's appointment of Evan Genkos as an Auxiliary Police Officer for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Police Chief Charette introduced the new auxiliary police officers who were present, who thanked the Town Council for their support.

Agenda Item #15. Vote to confirm the Town Manager's appointment of Paul T. Larkin to the Liquor Licensing Board for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Nikolla, seconded by Councilor Chernisky, to vote this item.

Councilor O'Brien asked if this appointment had been reviewed by any subcommittee of the Town Council, and Mr. Carlisle stated past practice was for the Town Manager to present them at a Council meeting. Councilor O'Brien stated he wanted this appointment discussed at subcommittee, and a made a motion to refer Agenda Item #15 to General Government Subcommittee, seconded by Councilor Vandal.

Councilor Vandal asked if there were any other candidates for this nonpaying job. Mr. Carlisle stated he had searched far and wide to find a suitable unbiased person for this very politicized board. Mr. Carlisle stated there were other interested parties, but they were all related to participants in the licensing process, and it was clear they had an unusual interest in the board. Mr. Carlisle stated Mr. Larkin did not have an outside interest.

Councilor Lazo asked if Mr. Larkin was leaving town, and he asked if there was a residency requirement for this board. Mr. Carlisle stated Mr. Larkin had his house for sale, and may move to Sturbridge if it sells. Mr. Carlisle stated there is a residency requirement for this board.

Vote to refer Agenda Item #15 to subcommittee, by roll call, Councilors in favor: King, Lazo, McDonald, O'Brien, and Vandal. Councilors opposed: Chernisky, Livengood, Nikolla, and Regis. Vote to table passes 5 to 4.

Agenda Item #16. Vote to raise and appropriate $399,500.00 to the FY 2008 Solid Waste Capital Outlay account to be funded from Solid Waste Revenues. A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #17. Vote to ratify an Agreement for engineering services with Weston & Sampson Engineers, Inc. for roadway design in the amount of $399,500.00 to be paid from the Solid Waste Reserve Enterprise Account. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item.

Councilor King asked if this was money for the access road, and Mr. Carlisle stated it was, and he urged all Councilors to vote for this item, as this had been passed at the Town election by a vote of more than 2 to 1.

Town Accountant Karen Harnois stated the wording of this item was incorrect, specifically the word "Reserve" should be removed from last line.

Councilor Chernisky made a motion to change Agenda Item #17 to reflect the proper wording, i.e., removing the word "Reserve," seconded by Councilor Lazo. Vote by show of hands, unanimous in favor.

Agenda Item #17 (as amended) Vote to ratify an Agreement for engineering services with Weston & Sampson Engineers, Inc. for roadway design in the amount of $399,500.00 to be paid from the Solid Waste Enterprise Account. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Lazo. Vote passes.

Agenda Item #18. Vote to ratify a Goods and Services Agreement with Three D Enterprises, Inc. in an amount not to exceed $10,000.00 for a variety of metal fabrication products and services utilized by several Town departments. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #19. Vote to ratify a Goods and Services Agreement with Morse Lumber Co., Inc. in an amount not to exceed $10,000.00 to furnish the Town with building supplies utilized by several Town departments. A motion was made by Councilor O'Brien, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #20. Vote to ratify a Goods and Services Agreement with New England Instrument Services Associates, Inc. in an amount not to exceed $7,074.48 for chart recorder upgrade parts to be paid from the Water Enterprise Fund. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #21. Vote to ratify a Goods and Services Agreement with Renaud HVAC & Controls Inc. in the amount of $16,680.00 for an HVAC temperature control system for the sludge processing building at the wastewater treatment facility to be paid from the Sewer Enterprise Fund. A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #22. Vote to ratify an Agreement with Insituform Technologies, Inc. in the amount of $232,622.00 for East Main Street Sewer Improvements to be paid from the borrowing authorized by Town Council vote of September 12, 2005, Agenda Item No. 17. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #23. Vote to ratify a Goods and Services Agreement with Perma-Line Corp. of New England in an amount not to exceed $10,000.00 for various items purchased throughout the year by several Town departments including the DPW and School Department. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #24. Vote to ratify a Goods and Services Agreement with M-H-Q Truck Equipment in the amount of $6,995.00 for the purchase of a slide-in stainless steel sander to be paid from DPW Operations FY 2008 Budget. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #25. Vote to ratify a Goods and Services Agreement with Toomey Water Services, Inc. in an amount not to exceed $20,000.00 for water meters and appurtenances to be paid from the Water Enterprise Fund. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda item #26. Vote to ratify an Agreement with Weston & Sampson Engineers, Inc. in the amount of $17,000.00 for engineering services pertaining to the waste activated sludge building and electrical system evaluation to be paid from the FY 2008 Sewer Enterprise Fund Capital Account. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #27. Vote to ratify this sole source Goods and Services Agreement with ITT Flygt Corporation in the amount of $8,981.95 for a replacement pump at the South Street site to be paid from the Water Enterprise Fund. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #28. Vote to ratify a Goods and Services Agreement with Greenwood Industries, Inc. in the amount of $9,750.00 to furnish and install self adhering snow guards to the roof of the water treatment plant on Breakneck Road to be paid from the Water Enterprise Fund. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #29. Vote to ratify a Goods and Services Agreement with Dewberry-Goodkind, Inc. in the amount of $6,000.00 to provide water monitoring services to be paid from the Water Enterprise fund. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #30. Vote to appropriate by borrowing the sum of $60,000.00 for the purpose of repairing of little league fields at the McCann Field complex and to authorize the Town Treasurer, in order to meet such appropriation, to borrow the sum of $60,000.00 under Chapter 44, Section 7 of the General Laws or any other enabling authority, and to issue bonds or notes therefore.

(2/3 Roll Call Vote Required)

A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item.

Councilor Chernisky asked about the renovations. Mr. Carlisle stated there was a plan outlined in 2001 that dealt with an alternate layout for the field complex. Mr. Carlisle described that the Town would do some work, and Lazo Construction had volunteered to help with the concession stand and other functions. Councilor Chernisky asked if it would be in place by next season, and Mr. Carlisle stated every effort would be undertaken to start the work for September and October. Discussion was held, and Councilor Chernisky stated it would be timely to install water now, since the fences were down. Councilor Lazo stated sewer was being discussed as well. Councilor Nikolla thanked the Lazo family for again helping the Town of Southbridge.

Agenda Item #30. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #31. Vote to authorize the Town Manager to proceed with the procurement process to purchase a Fire Department Forestry/Brush Truck and to fund this purchase that $80,000.00 is appropriated for the purpose of financing the purchase of a Fire Department Forestry/Brush Truck including without limitation all costs to furnish and equip the vehicle and that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $80,000.00 and issue bonds or notes therefore under Sections 7 and/or 8 of Chapter 44, of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town.

(2/3 Roll Call Vote Required)

A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky. Vote passes.

Agenda Item #32. Vote to authorize the Town Manager to proceed with the procurement process for the purchase of two (2) 12-lead defibrillators, Intravenous (IV) Pump, Automatic Ventilator and to fund this purchase that $60,000.00 is appropriated for the purpose of financing the purchase of two (2) 12-lead defibrillators, Intravenous (IV) Pump, Automatic Ventilator including without limitation all costs to furnish and equip these items and that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $60,000.00 and issue bonds or notes therefore under Sections 7 and/or 8 of Chapter 44 of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town.

(2/3 Roll Call Vote Required)

A motion was made by Councilor Lazo, seconded by Councilor Regis, to vote this item.

Fire Chief Laporte stated this equipment would allow for the maximum utilization of the Town's newly trained paramedics. Councilor Chernisky asked if this equipment was easily portable from one vehicle to another, and Chief Laporte stated it was.

Agenda Item #32. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #33. Vote to ratify an Agreement with North American Equipment Upfitters, Inc. in the amount of $59,908.00 for the purchase of the Fire Department Bucket Truck. Approval for the borrowing on this project by the Town Council vote of May 7, 2007, Agenda Item #17. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #34. Vote to ratify a Contract with Minuteman Trucks, Inc. in the amount of $291,724.00 for the purchase of the Fire Department Custom Pumper. Approval for the borrowing on this project by the Town Council vote of May 7, 2007, Agenda Item No. 15. A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #35. Vote to appropriate the sum of $250,000.00 to carry out various capital improvements on the Cotton property and the Guelphwood Road property, to be known as the Combined DPW Facility, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as amended; and to authorize the Treasurer, with the approval of the Town Manager, to raise and appropriate said funds by issuing bonds or notes under Sections 7 and/or 8 of Chapter 44 of the General laws and/or Chapter 29C, which bonds and notes shall be the general obligation of the Town unless the Treasurer, with the approval of the Town Manager, determines that the bonds and notes should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C.

(2/3 Roll Call Vote Required)

A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to vote this item.

Councilor King made a motion to table Agenda Item #35 until the next meeting, as he had more questions. This motion was seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, O'Brien, Regis, and Vandal. Councilors opposed: Livengood, McDonald, and Nikolla. Vote to table passes.

Agenda Item #36. Vote to authorize the Town Manager to proceed with the process to hire Special Counsel to guide the Town Council through the discussion of the Fire Chief's stipend and holiday pay. Councilor O'Brien made a motion to amend Agenda Item #36, to replace the words "Town Manager with "Council Chairman." Mr. Carlisle stated the bylaws of the Town state the Town Manager appoints special Council with concurrence or after discussion with the regular Town Council. Mr. Carlisle stated he was recommending three attorneys, to adhere to the Charter and the Town vote.

Further discussion was held. Councilor O'Brien withdrew his motion to amend Agenda Item #36.

Councilor Chernisky made a motion to amend Agenda Item #36 to read as follows: Vote to authorize the Town Manager to proceed with the process to hire Special Counsel, as advised by the Town Council, to guide the Town Council through the discussion of the Fire Chief's stipend and holiday pay. This motion to amend Agenda Item #36 was seconded by Councilor Lazo. Vote to amend, by roll call. Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #36 (as amended). Vote to authorize the Town Manager to proceed with the process to hire Special Counsel, as advised by the Town Council, to guide the Town Council through the discussion of the Fire Chief's stipend and holiday pay. A motion was made by Councilor Chernisky, seconded by Councilor Lazo, to vote this item.

Councilor Livengood stated the Town would now be spending money for an attorney to address unfounded accusations.

Agenda Item #36, Councilors in favor: King, Lazo, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky and Livengood. Vote passes.

After the vote Town Manager clarified that the purpose of the attorney was to determine if the payments made to the Fire Chief were legal payments. Councilor King stated the time frame included all of FY 2007 and FY 2008 until the present time.

Agenda Item #37. Vote that the Town accepts the provisions of M.G.L. Chapter 40 Section 8G Mutual Police Aid Programs; Agreements allowing the Town of Southbridge to enter into police mutual aid programs with surrounding communities in the Commonwealth of Massachusetts. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Police Chief Charette stated this was already the practice of the Town, and the Town had been advised by the Town Attorneys that to lower the Town's liability the Town Council should adopt these provisions of the Massachusetts General Laws. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda item #38. Vote to amend the Town of Southbridge Code of By-Laws by adding the following:

SECTION 7-507 SEX OFFENDER RESIDENCY

SECTION 1. DEFINITION OF TERMS:

  • (a) "PARK" means public land designated for active or passive recreational or athletic use by the Town of Southbridge, the Commonwealth of Massachusetts or other governmental subdivision, and located within the Town of Southbridge.
  • (b) "SCHOOL" means any public or private educational facility that provides services to children in grades kindergarten - 12.
  • (c) "DAY CARE CENTER" means an establishment, whether public or private, which provides care for children and is registered with and licensed pursuant to the laws of the Commonwealth of Massachusetts by the Office of Child Care Services.
  • (d) "ELDERLY HOUSING FACILITY" means a building or buildings on the same lot containing four or more dwelling units restricted to occupancy by households having one or more members fifty-five years of age or older.
  • (e) "PLACE OF WORSHIP" means a structure used for religious worship or religious education purposes on land owned by, or held in trust for the use of, any religious organization.
  • (f) "SEX OFFENDER" means a person who resides, works or attends an institution of higher learning in the commonwealth and who has been convicted of a sex offense or who has been adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense or a person released from incarceration or parole or probation supervision or custody with the Department of Youth Services for such a conviction or adjudication or a person who has been adjudicated a sexually dangerous person under G.L. c. 123A, §14, as in force at the time of adjudication, or a person released from civil commitment pursuant to section 9 of said chapter 123A, whichever last occurs, on or after August 1, 1981.
  • (g) "SEX OFFENDER REGISTRY" means the collected information and data that is received by the criminal history systems board pursuant to Sections 178C to 178P, inclusive, as such information and data is modified or amended by the sex offender registry board or a court of competent jurisdiction pursuant to said Sections 178C to 178P, inclusive.
  • (h) "PERMANENT RESIDENCE" means a place where a person lives, abides, lodges, or resides for five (5) or more consecutive days or fourteen (14) or more days in the aggregate during any calendar year.
  • (i) "TEMPORARY RESIDENCE" means a place where a person lives, abides, lodges, or resides for a period of less than five (5) consecutive days or fourteen (14) days in the aggregate during any calendar year, which is not the person's permanent address or place where the person routinely lives, abides, lodges, or resides and which is not the person's permanent residence.
  • (j) "ESTABLISHING A RESIDENCE" means to set up or bring into being a dwelling place or an abode where a person sleeps, which may include more than one location, and may be mobile or transitory, or by means of purchasing real property or entering into a lease or rental agreement for real property (including a renewal or extension of a prior agreement whether through written execution or automatic renewal).

SECTION 2. SEXUAL OFFENDER RESIDENCE PROHIBITION:

It is unlawful for any sex offender who is finally classified as a level 2 or 3 offender pursuant to the guidelines of the Massachusetts Sex Offender Registry Board, to establish a permanent residence within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence to the nearest outer property line of a school, day care center, park, elderly housing facility or place of worship.

SECTION 3. NOTICE TO MOVE:

Any registered level 2 or level 3 sex offender who establishes a permanent residence within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship shall be in violation of this section and shall, within thirty (30) days of receipt of written notice of the sex offender's noncompliance with this chapter, move from said location to a new location, but said location may not be within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship. It shall constitute a separate violation for each day beyond the thirty (30) days the sex offender continues to reside within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship. Furthermore, it shall be a separate violation each day that a sex offender shall move from one location in the Town of Southbridge to another that is within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship.

SECTION 4. PENALTIES:

Violation of this bylaw, or of any regulations adopted hereunder, may be enforced through any lawful means in law or in equity by the Board of Selectmen, the Town Manager, or their duly authorized agents, or any police officer of the Town of Southbridge including, but not limited to, enforcement by non-criminal disposition pursuant to G.L. c. 40, §21D. Each day a violation exists shall constitute a separate violation. The penalties shall be as follows:

  • (a) First Offense: Notification to offender that he/she has thirty (30) days to move.
  • (b) Subsequent Offense: Non-criminal fine of $300.00 and notification to the offender's landlord, parole officer and/or probation officer and the Commonwealth's Sex Offender Registry Board that the person has violated a municipal ordinance. Such a subsequent offense constitutes a breach of the peace for which the offender is also subject to immediate arrest.

SECTION 5. EXCEPTIONS:

A person residing within five hundred (500) feet of any school, day care center, park, elderly housing facility or place of worship does not commit a violation of this section if any of the following apply:

  • (a) The person established the permanent residence and reported and registered the residence, in accordance with the regulations of the Massachusetts Sex Offender Registry Board, prior to the effective date of this by-law.
  • (b) The person was a minor when he/she committed the offense and was not convicted as an adult.
  • (c) The person is a minor.
  • (d) The school, day care center, park, elderly housing facility or place of worship within five hundred (500) feet of the personal permanent residence was established after the person established the permanent residence and reported and registered the residence pursuant to the Sex Offender Registry Law.
  • (e) The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.
  • (f) The person is admitted to and/or subject to an order of commitment at a public or private facility for the care and treatment of mentally ill persons pursuant to G.L. c. 123.
  • (g) The person is a mentally ill person subject to guardianship pursuant to G.L. c. 201, §6 or a mentally retarded person subject to guardianship pursuant to G.L. c. 201, §6A, residing with his or her guardian or residing within a group residence that is professionally staffed and supervised 24 hours a day.

First Reading

A motion to accept this first reading was made by Councilor King, seconded by Councilor Nikolla.

Ronal Madnick of the Worcester County Chapter of the American Civil Liberties Union, from Worcester, Massachusetts sought permission to speak. A motion was made by Councilor Lazo to allow a non resident to speak, seconded by Councilor Vandal. Vote by show of hands, majority in favor.

Mr. Madnick stated this change in Bylaw would make the community less safe, and that the Police Chief in Holden had lobbied against this, and it was defeated there by a more than 10 to 1 vote. Mr. Madnick stated most sex offenders are related to their victims, and there was no evidence this would increase public safety. Mr. Madnick stated this ordnance would present the community with a false sense of security. Mr. Madnick stated there was evidence that this type of restriction can cause psychological trauma to the offender and make them do this type of behavior. Mr. Madnick stated there were other ways to deal with this.

Councilor King asked Chief Charette if he would rather have this bylaw change or not. Chief Charette stated Southbridge is a much different community than Holden. Chief Charette stated the highest recidivism rate is for sex offenders. Chief Charette stated sex offenders often know their victims because they live next door to them. Chief Charette stated he was a liberal chief who often agreed with the ACLU, but he believed distance can be a good thing, and he asked the Town Council to proceed with this Bylaw amendment.

Agenda Item #38. Vote to accept the first reading, by roll call. Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #39. Councilor's Forum

Councilor Chernisky asked the police chief why the map showing the 500 foot circumference around the Town's schools did not include the school on Pleasant Street. Chief Charette stated there were certain criteria that were required, and this school was not recognized as meeting this criteria. Chief Charette stated he was looking further into this.

Councilor Chernisky asked if Downtown Southbridge trash pickup could occur more often than just Wednesday, and he asked if Casella could be contacted to see to more frequent trash pickup there.

Councilor Chernisky stated many of the Council votes shouldn't be done by roll call, and he asked if this issue could be addressed again in General Government Subcommittee.

Councilor Chernisky asked if the Council would support a resolution to Senators Kenney and Kerry, to support Reed Hillman's appointment to U.S. Marshall, and made this a motion, which was seconded by Councilor Lazo. Vote by show of hands, all in favor. Councilor Chernisky stated he would prepare this resolution.

Councilor Chernisky stated on 9/9/07 the Southbridge Downtown Partnership would be putting together a memorial service as part of the Concerts on the Common series. Councilor Chernisky asked if any ministers wanted to be involved to contact Sue Pelletier at Scentimental Flowers on Main Street. Councilor Chernisky stated they were also looking for someone who could play 'Taps' on the horn.

Councilor King stated the boxing at the Community Center on Saturday night was a big success, with a packed house and an excellent job done putting it together.

Councilor King stated the signs which were being placed around the town advertising for lots of land for sale could sometimes be deceiving. He stated these signs had been misconstrued by the public and were deceiving.

Councilor King stated regarding accusations being made, he stated he wanted to do this behind closed doors, and the situation justifies looking into. He stated certain comments had been made. Councilor King stated he requested information and that request was leaked to the press. He stated he was called by the press and had no comment.

Councilor Regis stated in response to a comment made this evening, as a Southbridge Town Councilor she doesn't care what happens in Webster, and she is working for the good of the Town of Southbridge as Councilor.

Councilor Lazo thanked David DiGregorio and Uptown Boxing for putting on the show on Saturday night at the Community Center. He also thanked the Police Department, the Fire Department, and Ron and Maddie Daoust for helping to make this a nice night out.

Councilor Lazo stated the owner of a Hamilton Street building wanted him to publicly thank the Police Department for investigating the break in at their property.

Councilor Lazo stated Mrs. Roger Caouette had made a beautiful jigsaw puzzle that was displayed in the Town Manager's office.

Councilor Lazo thanked the Town Manager for dealing with the signs adjacent to citizens' properties in town, that were advertising the tax title sales. Councilor Lazo stated the Urban Development Assistant who had gone to people's homes had reportedly been very rude to the homeowner, and hoped the Town hired one who was nicer to the homeowners.

Councilor Nikolla read a statement that addressed her growing concerns with the Town Council. Councilor Nikolla stated there were several important issues pending, such as a new school, a new fire station, the industrial park access road, the wastewater treatment facility upgrade, the DPW facility upgrade, the Downtown revitalization, a new Town business plan, and the replacement of the Town Manager in about 18 months. Councilor Nikolla stated the Council hadn't focused on these important issues since the last election, and there were vendettas being carried out instead of Town business being attended to. Councilor Nikolla stated she hoped to work together with the rest of the Town Council for the Town's common good.

Councilor Nikolla stated the past two months have been an insult to anyone with an interest in the Town, as the Council has accomplished nothing. She stated the Town needed to work toward being more business friendly, and young people needed something other than athletics to keep them busy and safe. She stated the Council needed to be proactive in many areas, and she would work with anyone who wanted the best for the Town, and if this wasn't the motivating factor then to not attempt to coerce support from her. Councilor Nikolla stated not all the drama needs to be acted out before the community, and Executive Session is the proper place for much discussion.

Agenda Item #40. Discussion of the next meeting date. Councilor Lazo made a motion to recommend 9/10/07 as the next meeting date, seconded by Councilor Chernisky. Vote by show of hands, all in favor.

Agenda Item #41. Adjournment. A motion to adjourn was made by Councilor King, seconded by Councilor Lazo. Vote by show of hands, all in favor. The meeting adjourned at 9:19 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, TUESDAY, AUGUST 21, 2007

A meeting of the Council of the Whole was held on Tuesday, August 21, 2007, in the Causabon Senior Center.

Agenda Item #1. Chairman will call the meeting to order. Chairman McDonald called the meeting to order at 7:05 p.m.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors excused: Lazo and Regis.

Agenda Item #3. Discussion of the Combined Public Works Facility with Gannett Fleming Engineers & Architects, P.C., providing a power point presentation. (Information regarding this topic was previously distributed to Town Council for DPW Subcommittee meeting that took place on 8/7/07).

Mr. Carlisle stated the work in Phase 1 of the construction at 185 Guelphwood Road was now coming down to the money, with some costs not clearly definable yet.

Tom Daley, Project Manager from Gannett and Fleming, discussed the areas where there is question on the final costs. Mr. Daley specifically defined these areas as follows:

  • Repair of a leaky roof.
  • Issues with two garage doors at the facility.
  • Issues regarding interior doors.
  • Additional costs associated with ledge removal, where the contractor Barr Associates believes the town needs to pay an additional $119,000, but where Gannett and Fleming believes the town's added costs should amount to about $30,000.
  • Site remediation, where most were in agreement on the cost of about $116,000.
  • Guelphwood Road contamination clearing and refilling this area with unnecessary fresh fill.
  • Required electrical equipment for about $6,800.
  • Floor finishes, for about $4,300.
  • General conditions, where the contractor wants to recoup some $156,000 because of a delay of 120 days.
  • Fire protection costs, with an additional cost of about $19,000.

Mr. Daley stated there were some additional items not on the original list provided to Town Council, which included a test bench for the water department area, some additional piping, some dampers for the roof, exhaust fans, and support work around the elevator.

Mr. Daley stated the entire additional charges being sought by the Barr Company was around $412,000. Mr. Carlisle stated this figure is debateable, and he advised the town issue a borrowing of $250,000 to deal with the town's version of these additional costs. Mr. Carlisle stated this additional money would allow him to lift the ban on spending any more money on this project, and would ideally bring all the costs of completing phase 1 of this project up to speed.

Discussion was held.

A motion was made by Councilor Nikolla, seconded by Councilor Chernisky, to recommend the full Council at its next meeting approve a borrowing of $250,000 to complete the financing for phase 1 of the 185 Guelphwood Road reconstruction project. Vote by show of hands, majority in favor.

A motion was made to adjourn by Councilor Chernisky, seconded by Councilor O'Brien. Vote by show of hands, all in favor.

The meeting adjourned at 8:12 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, JULY 23, 2007

A meeting of the Southbridge Town Council was held on Monday, July 23, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors delayed: King.

Agenda Item #3. Consider and accept the following minutes:

July 9, 2007 Re-organizational Meeting. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to approve these minutes. Vote by show of hands, all in favor.

July 9, 2007 Regular Town Council Meeting. A motion was made by Councilor Livengood, seconded by Councilor Lazo, to approve these minutes. Vote by show of hands, all in favor.

At this point Chairman McDonald named the following subcommittees and their makeup:

General Government: Chairman O'Brien, members Regis and King.

Department of Public Works: Chairman Vandal, members Chernisky and Lazo.

Protection of Persons and Property: Chairman Lazo, members Nikolla and Vandal.

Education and Human Services: Chairwoman Nikolla, members Regis and Livengood.

Planning and Development: Chairman Livengood, members King and O'Brien.

Chairman McDonald also stated Dr. Arnold Lanni was being reappointed to the Central Massachusetts Regional Planning Commission, and alternate David Livengood was also being reappointed to the same board.

Agenda Item #4. Subcommittee reports:

  • General Government. Councilor O'Brien stated there would be a meeting on 8/1/07, at 7 p.m., in the Rice Conference Room.
  • Department of Public Works. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
  • Education and Human Services. Councilor Nikolla stated she planned to schedule a meeting soon.
  • Planning and Development. Councilor Livengood stated there would be a meeting on 8/2/07 at 7 p.m. in the Rice Conference Room.
  • Protection of Persons and Property. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairman McDonald had no announcements.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle requested the Protection of Persons and Property Subcommittee hold a meeting to talk about an upcoming intramunicipal policing agreement, as well as the desire of the Chief of Police and the Town Manager to acquire 1 or 2 additional cruisers.

Mr. Carlisle stated the Capital Budget for FY2008 is now being presented for discussion, with an eye toward resolving this by late October if it is the will of the Council. Mr. Carlisle stated this draft was described in the recent FY2008 budget book, and new Councilors were provided with the same.

Mr. Carlisle stated there was a resolution in the works involving several communities in the Commonwealth, regarding paper recycling efforts. Mr. Carlisle requested a General Government meeting to address this.

Mr. Carlisle described how the supplemental budget was being reviewed at the State, and may include reimbursement for the purchase of the Town Armory. Mr. Carlisle stated if this reimbursement comes to pass, the Town must by law apply it to the debt by which the Armory was obtained.

Mr. Carlisle stated the status of the St.Jean playing field lease needed to be addressed in subcommittee, and Chairman McDonald stated the appropriate subcommittee was Education and Human Services.

Mr. Carlisle requested a subcommittee meeting to discuss the Henry Street Field playing field, and potential changes. Chairman McDonald directed this to the DPW Subcommittee.

Mr. Carlisle stated the State was offering special funding through the Department of Education, so-called school pot hole funds, which needed to be in the hands of the State by August 3rd. Mr. Carlisle stated this pot hole funding had alluded the Town in the past.

Mr. Carlisle stated the Concerts on the Common were scheduled through the beginning of August, with the intent to run through Labor Day.

Mr. Carlisle described the ongoing status of the request by John Pulawski, specifically regarding the availability of a referendum on the landfill contract.

Mr. Carlisle stated there was notice of a meeting of the Southbridge Trail Committee on August 2nd, 2007, at 6:30 p.m. in the Town Hall. Mr. Carlisle stated the intent of this meeting was to discuss community gardening projects within the town.

Agenda Item #7. Citizens' Forum

Bob Dupuis of Prospect Street, the Chairman of the Cable Advisory Committee, described how Paul Zotos of the Town of South had for the third time in four years received an award from the New England Cable and Telecommunications Association. Mr. Zotos described the award and its theme revolving around the 9/11 attacks.

Nelson Gagnon of Central Street talked about speeding on Central Street. He stated the parking on Central Street was a mess. He stated he needed paint to paint the downtown benches. Mr. Gagnon stated he had approached teens on skateboards in the downtown area and told them they couldn't skate there.

Agenda Item #8. Vote to confirm the Town Manager's appointment of Sister Elizabeth Anne Seton Fitzgerald to the Commission on Disability for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Livengood, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to confirm the Town Manager's appointment of Keith Vezeau to the Historical Commission for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to confirm the Town Manager's appointment of Dean E. Cook to the Board of Health for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #11. Vote to confirm the Town Manager's appointment of Catherine E. Nikolla to the School Building Committee for the Town of Southbridge for an indefinite term. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #12. Vote to confirm the Town Manager's re-appointment of Kenneth Delage as a Public Weigher for the Town of Southbridge for a one-year term to expire June 30, 2008. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #13. Vote to confirm the re-appointment of Arnold Lanni as the Town Council's Delegate to the Central Massachusetts Regional Planning Commission for a one-year term to expire June 30, 2008. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #14. Vote to confirm the re-appointment of David Livengood as the Town Council's Alternate Delegate to the Central Massachusetts Regional Planning Commission for a one-year term to expire June 30, 2008. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #15. Vote to ratify a renewal agreement with Jennifer A. Reynolds in the amount of $6,250.00 to provide aerobics classes for seniors at the Casaubon Senior Center. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #16. Vote to ratify a contract with Borges Construction in the amount of $101,030.00 to complete sidewalk reconstruction on Dresser Street between Elm Street and Franklin Terrace and sidewalk construction on Crystal Street, along the Town Common. Funding for this project is through the Community Development Block Grant Program. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Councilor O'Brien made a motion to remove from the table the previously tabled Agenda Item #22 from the 6/18/07 Town Council Meeting, seconded by Councilor Lazo. Discussion was held. Vote to remove from the table Agenda Item #22 from the 6/18/07 Town Council Meeting, by roll call. Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Councilor O'Brien made a motion to refer or recommit this item to General Government Subcommittee for discussion, seconded by Councilor Chernisky. Vote by show of hands, 9 to 0 in favor.

Councilor O'Brien raised a point of order regarding the inclusion of new business as a section of the Town Council Meeting, and read from an attachment (see attachment #1). Chairman McDonald said he would take this under advisement.

Councilor O'Brien stated he would like to add a vote on a resolution to tonight's meeting. A motion was made to suspend the rules to add the item Councilor O'Brien now distributed to the assembled Town Council (see attachment #2, entitled 'resolution'). This motion was made by Councilor Chernisky, seconded by Councilor Lazo. Vote to suspend, by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, O'Brien, Regis, and Vandal. Councilors opposed: Nikolla.

Chairman McDonald stated this added item would called Agenda Item #16a. Councilor O'Brien read Agenda Item #16a, as follows:

RESOLUTION

Mr. Chairman - I move the following resolution:

Insofar as Chapter 4, Section 2, Paragraph 1 of the Southbridge Home Rule Charter provides, "The town manager shall bring policy issues to the council to consider in making policy choices and shall then implement the policies chosen by the council," and Notwithstanding the provisions of Section 4-201.7 of the code of bylaws of the town of Southbridge: be it

Resolved that, the action of the town manager to alter Section 4.7 of the town of Southbridge revised personnel regulations be rescinded and that the status quo ante prevail; and be it further

Resolved that, the town council, having found that the town manager has pre-empted the rightful authority of the town council on a matter of policy still under consideration by the council, be it finally

Resolved that, this matter be referred to the Town Manager subcommittee for the purpose of review and recommendations to the council of the whole as to whether and what actions by the council may be appropriate.

A motion was made to refer this to Town Manager Subcommittee for discussion, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, McDonald, O'Brien, Regis, and Vandal. Councilors opposed: Livengood, Nikolla. Motion passes.

Councilor O'Brien stated he had another item he wished to vote.

A motion was made to suspend the rules to allow addition of an item (see attachment #3, re the Code of By-Laws Section 4-201). Motion was made by Councilor O'Brien, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Chairman McDonald stated this added item would be Agenda Item #16b. Councilor O'Brien read the item, as follows:

The Code of By-Laws of the Town of Southbridge currently reads:

Section 4-201 Duties and Authority of the Town Manager...
4-201.7 Policy Formulation for Departments - The town manager, acting through the directors of departments, shall be responsible for the overall supervision of the departments of the town government and for the establishment of priorities and policies to govern the operation of the town departments and agencies

I propose that this subsection be amended to read (emphasis added)

4-201-7 Procedure Formulation for Departments - The town manager, acting through the directors of departments, shall be responsible for the overall supervision of the departments of the town government and for the establishment of priorities and procedures consistent with policies adopted by the town council to govern the operation of the town departments and agencies

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to adopt this as the standard for the Town. Councilor Chernisky made a motion to send this item to General Government Subcommittee for review, seconded by Councilor O'Brien. Vote to refer Agenda Item #16b to General Government Subcommittee for review, by roll call. Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion passes.

Agenda Item #17. Councilors Forum

Councilor Vandal wanted to know the total amount paid to Kopelman and Paige regarding the culvert issue for the Langevin family on Durfee Street.

Councilor Chernisky stated Sue Pelletier was a good choice to do the Concerts on the Common.

Councilor King stated the third annual Aislen Cipro whiffleball tourney was coming up, and if anyone wanted to get involved with this charity to contact him, or to contact Shaun Moriarty at 774-230-6870.

Councilor O'Brien read a satirical piece about wearing appropriate clothing to Town Council meetings, in response to previous criticism.

Councilor Lazo stated people needed to stop ridiculing Councilors for what they wear.

Councilor Lazo asked the Town Manager about the two new firemen, and Mr. Carlisle stated they would be added soon.

Councilor Lazo commended Firefighter Roland LaRochelle for attending a HAZMAT training in Kirkland, New Mexico.

Chairman McDonald asked the Subcommittee chairmen to consider who they wanted for Citizen Members on their subcommittees.

Agenda Item #18. Discussion of the next meeting date. Councilor Lazo motioned 8/6/07 as the next meeting date, tentatively scheduled for the Causabon Senior Center, and discussion was held and the meeting of 8/27/07 was recommended as well. This motion was seconded by Councilor Livengood. Vote by show of hands, all in favor.

A motion was made to adjourn by Councilor King, seconded by Councilor Livengood. The meeting adjourned at 7:45 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, JULY 9, 2007

A meeting of the Southbridge Town Council was held on Monday, July 9, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:02 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance. Chairman McDonald called the meeting to order at 7:16 p.m.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

Agenda Item #3. Consider and accept the minutes of the June 18, 2007 meeting. A motion was made by Councilor King, seconded by Councilor O'Brien, to accept these minutes. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, and McDonald. Councilors abstaining: Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #4. Subcommittee reports:

  • General Government. There were no minutes to read
  • Department of Public Works. There were no minutes to read.
  • Education and Human Services. There were no minutes to read.
  • Planning and Development. There were no minutes to read.
  • Protection of Persons and Property. There were no minutes to read.
  • Town Manager. There were no minutes to read.
  • Landfill Oversight. There were no minutes to read.

Agenda Item #5. Chairman's Announcements

Chairman McDonald read a statement from the Town Clerk's office announcing the retirement of Councilor O'Brien from the Southbridge Housing Authority, and that a joint meeting of the Southbridge Town Council and the Housing Authority would be needed to fill this position on the Housing Authority.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle thanked Father Preble for offering the invocation to tonight's re-organizational meeting. Mr. Carlisle stated the Romanian Picnic was set for 7/15/07, starting at noon.

Mr. Carlisle stated at the close of the last term there had been a PPP meeting, with two items, and he hoped these two items could be voted at the next Council meeting.

Agenda Item #7. Citizens' Forum

Kenneth Shown of Ridge Road congratulated the new Councilors, and wished them luck. He thanked everyone who had voted for him in the recent election and he stated he hoped to participate in town government in the future.

Howard Hall of Hamilton Street stated he was still concerned about the crosswalk on Foster Street.

Agenda Item #8. Vote to transfer $168,028.00 from excess funds in the FY 2007 Interest on Short Term Debt account in the Sewer Enterprise fund to Fund 380 Wastewater Treatment Facility Upgrades Capital Project to cover the initial engineering and legal costs that are not eligible for funding from the Massachusetts Water Pollution Abatement Trust. A motion was made by Councilor Livengood, seconded by Councilor Lazo, to vote this item.

Councilor Regis asked if this obligation had been incurred and paid, or was it to be incurred in the future, and whether it was normal to expend money without funding. Town Treasurer Melinda Ernst-Fournier stated the Town could have borrowed the above money, but because the Town didn't take an interim loan until later in the year, there was no interest costs to the sewer fund this year for this project, so it was decided to pay it off instead of borrow additional funds.

Agenda Item #8. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to ratify a Goods and Services Agreement with Noel's HVAC in the amount of $6,550.00 for the installation of air conditioning in the Collector's Office. A motion was made to vote this item by Councilor Lazo, seconded by Councilor O'Brien.

Councilor King asked if the placement of central air would continue for the rest of the offices in Town Hall, and Mr. Carlisle stated he wanted to see the program through until the end.

Agenda Item #9. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #10. Councilors' Forum

Councilor King asked about the concerts at Knight Chevrolet, and why they were canceled. He also asked about the Concerts on the Common series, and whether this too had been canceled. Mr. Carlisle stated talks were ongoing to have music at Knight Chevrolet, without amplification, and that currently there were one or two concerts scheduled for the Town Common, and hopefully more would be put in place.

Councilor O'Brien thanked everyone who voted in the recent election, and also thanked all those who ran for public office. He stated he hoped for a better turnout in the future.

Councilor Regis thanked everyone who voted for her, and she thanked everyone who took the time to vote.

Councilor Lazo congratulated the three newcomers, and pointed out that there were now four Councilors who lived on North Woodstock Road.

Councilor Nikolla congratulated the three new Councilors, and stated she hoped everyone would work well together for the town.

Councilor Livengood congratulated the three new Councilors. He read a statement calling for the town to work to relieve the traffic problems on Pleasant Street, and to address the need for a new fire station, as well as to address the Downtown Urban Redevelopment plan.

Councilor Vandal thanked everyone who voted for him.

Agenda Item #11. Discussion of next meeting date. Councilor Lazo recommended 7/23/07 as the next meeting date. Councilor Nikolla recommended having the rest of the summer meetings at the Casaubon Senior Center, this was seconded by Councilor Livengood. Vote by show of hands, all in favor.

Agenda Item #12. Adjournment. Councilor King made a motion to adjourn, seconded by Councilor Chernisky. The meeting adjourned at 7:42 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, JUNE 18, 2007

A meeting of the Southbridge Town Council was held on Monday, June 18, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:02 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. The Southbridge Town Council is meeting with the Southbridge Housing Authority to fill a vacancy on the Authority. Chairman Chernisky asked the Southbridge Housing Authority to join the Town Council at the dais.

Agenda Item #3. Roll Call - Town Council, Councilors present: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Councilors excused: Nikolla. Roll call, Southbridge Housing Authority members present: Mr. Cournoyer, Mr. Marino, Mr. O'Brien.

Agenda Item #4. Candidate Interviews. Discussion was held.

Agenda Item #5. Vote to nominate a candidate to fill the vacancy on the Southbridge Housing Authority until the next Town Election in June of 2008. Discussion was held, and Councilor Lazo made a motion to recommend Donald Allard be named to fill the vacant slot on the Southbridge Housing Authority to expire 6/30/08, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Southbridge Housing Authority members in favor: Cournoyer, Marino, O'Brien. Vote passes by 11 to 0 in favor.

Agenda Item #6. Consider and accept the minutes of the June 4, 2007 meeting. A motion was made by Councilor King, seconded by Councilor Ferron, to accept these minutes. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, and McDonald. Councilors abstaining: Ferron and Lazo. Motion passes.

Agenda Item #7. Subcommittee reports:

  • General Government. Councilor King read the minutes of the 6/13/07 subcommittee meeting.
  • Department of Public Works. Councilor Lazo read the minutes of the 6/21/07 subcommittee meeting.
  • Planning and Development. Councilor Livengood read the minutes of the 5/31/07 subcommittee meeting.
  • Protection of Persons and Property. Councilor Ferron said there was a meeting scheduled for 6/21/07 at 7 p.m. in the Hyman Room.
  • Town Manager. Councilor McDonald said there were no minutes to read and no meeting was scheduled.
  • Landfill Oversight. Councilor Marcucci stated she wanted the Town Manager to forward a copy of the landfill contract to the members of this committee.

Agenda Item #8. Chairman's Announcements

Chairman Chernisky recognized the Relay for Life which had been held the previous weekend.

Chairman Chernisky stated the Wells Junior High School choir performance last week was one of the best numbers in years he had seen at Wells, and it testified to how things were moving in the right direction.

Chairman Chernisky stated as of today the Southbridge Public Schools were out of session, so watch out for kids.

Chairman Chernisky stated he still was looking for members who wanted to volunteer to help get 4th of July fireworks for 2008.

Chairman Chernisky stated he was thankful to the DPW for cleaning up the McCann Field, and also the Southbridge Police Department as well as the State Police for monitoring the league games held there last weekend.

Chairman Chernisky stated tonight was the last night for three outgoing Town Councilors, who were Councilors Marcucci, Langevin, and Ferron. State Rep Geraldo Alicea presented each of these Councilors with a proclamation from the State of Massachusetts. Chairman Chernisky stated Senator Moore had sent forward a proclamation as well, and Chairman Chernisky presented each with a plaque on behalf of the Town of Southbridge.

Agenda Item #9. Town Manager Announcements

Mr. Carlisle stated late today he had received word from John Gauvin to remove his name from consideration for the Economic Development Commission.

Mr. Carlisle stated the countdown was on for July 1st, when new state regulations made it possible for everyone to get health care.

Mr. Carlisle stated all the collective bargaining units had agreed to eliminate Fallon as a choice of provider, which would mean Blue Cross/Blue Shield would only go up a few dollars more for this year.

Mr. Carlisle said last Thursday the Town sold five parcels for $103,000.

Mr. Carlisle stated the Southbridge Citizen Scholarship Awards had been awarded to students Victor Rodriguez of Woodycrest Ave and Jason Torres of Canal Street.

Mr. Carlisle stated all the street sweeping was now finished.

Mr. Carlisle said the landfill would be open this Saturday, 6/23, for the quarterly hazardous waste day.

Mr. Carlisle stated the rain barrels which were for sale would be available at the landfill on 6/23/07.

Mr. Carlisle stated he had received a request for records from Charlton, regarding the site assignment for the landfill, records dated 7/2/79, 11/16/88, and 4/15/99.

Mr. Carlisle stated a request from the Southbridge Evening News had been received regarding information on the odors at the sewer treatment plant, and the town was working on it.

Mr. Carlisle stated the Fire Chief had met with the Accountant, and they now believed that tonight's vote of $5,800 would carry the Fire Department through the rest of the fiscal year for overtime, and would allow staffing levels such as were in place in March of this year.

Mr. Carlisle asked for a meeting to discuss the reorganization plan for urban renewal activities.

Agenda Item #10. Citizens' Forum

Joe Hulyk of Morris Street asked about staffing at the Fire Department, and Mr. Carlisle stated again with tonight's vote on Agenda Item #15 the Fire Department would be able to continue staffing levels as were in place earlier this year. Mr. Hulyk urged the Council to vote positively on Agenda Item #15.

A motion was made to suspend the rules and add agenda Item #10a to the meeting, discussion of Fire Department staffing. This motion was made by Councilor Langevin, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Motion passes.

A discussion was held by several on how the Fire Department should be staffed, and who said what to whom about whether staffing levels would be changed.

Agenda Item #11. Vote that we approve the Urban Renewal Plan for the project titled Downtown Southbridge Urban Revitalization Project, dated June 2007, prepared for the Southbridge Redevelopment Authority, including the statement contained therein of the method for proposed financing of the project and including the objective of promoting sustainable design principles for new development, a public hearing relating to which was held before us on December 13, 2006 after due notice, that we find the project area to be decadent as that term is defined in Section 1 of General Laws Chapter 121B, and that we direct the Town Manager to submit said Urban Renewal Plan to the Director of the Massachusetts Department of Housing and Community Development for approval. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #12. Vote to designate as the 380 Elm Street Economic Opportunity Area the following parcels on Assessors' Map 54: Lots 173 through 180, and Lot 183A, as more particularly described and shown on the map which is on file with the Town Clerk's Office and the Town Manager's Office, and to authorize the Town Manager to offer a tax increment financing package for qualified economic development projects undertaken within said economic area. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #13. Vote to approve the project certification application submitted by K&K Thermoforming, Inc., and Lebanon Hill Properties, LLC, for a facility located within the South Central Massachusetts Regional Economic Target Area at the project site shown in the project certification application and the tax increment finance plan and tax increment finance agreement between K&K Thermoforming, Inc., and Lebanon Hill Properties, LLC, and the Town of Southbridge, all in the form as submitted to the Town Council. This approval confirms the information contained in the project certification application that A) the project, as proposed, is consistent with and can reasonably be expected to benefit significantly from inclusion in the 380 Elm Street Economic Opportunity Area; B) the project is the first certified for the 380 Elm Street Economic Opportunity area and will not overburden the Town's infrastructure and utilities servicing the Economic Opportunity Area; and C) the project as described in the project certification application will have a reasonable chance of increasing employment opportunities for residents of South Central Massachusetts Regional Economic Target Area, thereby reducing blight, economic depression and reliance on public assistance. The Town requests that the project be designated as a certified project for a term of twenty (20) years. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

Councilor Livengood stated he was behind this, and it would encourage this long-standing Massachusetts business from leaving the state. Mr. Carlisle explained that by granting this TIF, which would cost only about $69,000 over 20 years, the company would qualify for a 5% tax benefit at the State level for their big equipment.

Agenda Item #13. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #14. Vote to accept and release for publication the following Executive Session Minutes:

  • October 3, 2001 - General Government
  • July 16, 2003 - General Government
  • July 28, 2003
  • August 16, 2004 - General Government
  • August 25, 2004 - General Government
  • September 29, 2004
  • October 27, 2004 - General Government, Board of Health, and Conservation Commission
  • December 2, 2004 - General Government, Board of Health, and Conservation Commission
  • September 8, 2005 - Council of the Whole
  • December 19, 2005
  • March 20, 2006 - Council of the Whole
  • July 17, 2006
  • October 4, 2006
  • February 26, 2007

A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Livengood, Marcucci, and McDonald. Councilors abstaining: King. Vote passes. Mr. Carlisle stated these items would soon be available at the Clerk's office, at the Library, and on the Town's website.

Agenda Item #15. Vote to transfer $79,503.00 as follows to fund FY 2007 budget account balances through 6/30/07.

TRANSFER FROM:

1.910.5152.0.713Salary Adjustments$ 30,000.00
3.589.5899.133.9061Medicaid Billing Costs24,503.00
1.945.5771.0.596Veterans Benefits25,000.00

TOTAL $79,503.00

TRANSFER TO:

1.151.5300Town Attorney Specialized Svcs$ 25,000.00
1.161.5110Town Clerk Salaries and Wages4,261.00
1.297.5200.0.741Streetlights22,000.00
1.543.5210Veterans and COA Electricity300.00
1.543.5212Veterans and COA Heating Fuel500.00
1.543.5110Veterans and COA Salaries & Wages959.00
1.421.5110DPW Admin. Salaries & Wages8,152.00
1.421.5130DPW Admin. Overtime153.00
1.499.5130DPW Operations Overtime5,000.00
1.135.5110Town Accountant Salaries $ Wages1,000.00
1.220.5110Fire Salaries & Wages5,800.00
1.240.5110Inspections Salaries & Wages2,112.00
1.240.5197Inspections Car Allowances1,150.00
1.240.5116Insp. Salary Appointed Officials1,370.00
1.179.5700.0.731Brd of Hlth Other Charges & Expns.123.00
1.610.5110Library Salaries & Wages 1,623.00

TOTAL $ 79,503.00

A motion was made by Councilor Langevin, seconded by Councilor Livengood, to vote this item, and discussion was held. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #16. Vote to appropriate from Sewer Retained Earnings the sum of $526,678 to reimburse the FY 2008 general fund for additional indirect costs as identified in the indirect cost study report as follows:

  • FY 2006 Indirect Costs $154,089
  • FY 2007 Indirect Costs $212,377
  • FY 2008 Indirect Costs $160,212

A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Chairman Chernisky asked if this would impact the plan for no rate increase for water and sewer, and Mr. Carlisle stated he still believed it was within the Town's grasp to have a 0 increase in water, a 0 increase in sewer, and a 0 increase in tax levy.

Agenda Item #16. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #17. Vote to appropriate from Water Retained Earnings the sum of $275,928 to reimburse the FY 08 general fund for additional indirect costs as identified in the indirect cost study report as follows:

  • FY 2006 Indirect Costs $ 62,067
  • FY 2007 Indirect Costs $123,115
  • FY 2008 Indirect Costs $ 90,746

A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #18. Vote to appropriate from Solid Waste Retained Earnings the sum of $69,391 to reimburse the FY 08 general fund for additional indirect costs as identified in the indirect cost study report as follows:

  • FY 2006 Indirect Costs $26,649
  • FY 2007 Indirect Costs $30,466
  • FY 2008 Indirect Costs $12,276

A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #19. Vote to amend agenda item #21, voted 5/21/07 to adopt the FY 2008 Water Enterprise Fund budget of $3,035,735, to be funded as follows:

  • Water Rates and Other Revenue $2,889,799
  • Retained Earnings 145,936

A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #20. Vote to appropriate $90,000 from the Solid Waste Services Enterprise Fund Retained Earnings to FY 2007 budget accounts as follows:

  • 650.945.5110 Salaries and Wages $30,000
  • 650.945.5300 Specialized Services $60,000

A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #21. Vote to appropriate $70,000 from Overlay Surplus to reduce the FY 2008 tax levy. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #22. Vote to accept the recommendation of the Town Manager, to become effective July 1, 2007, by amending Section 4.7 of the Town of Southbridge Revised Personnel Regulations as follows: 4.7 WAGE PAYMENT - The Town of Southbridge utilizes a work week extending from Sunday to Saturday. All town employees will receive pay checks from their respective department heads on Thursday of each week or on a bi-weekly basis unless unforeseen complications prohibit payment (snowstorms, etc.). In this instance, pay checks will be issued to employees at the earliest possible date. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item.

A lengthy discussion was held. Councilor Marcucci made a motion to table Agenda Item #22, seconded by Councilor Ferron. Vote to table Agenda Item #22, by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #23. Vote to authorize the Town Manager to enter into an agreement with David and Louise Langevin and the Town of Southbridge for drainage work on their property at 467 Durfee Street in the Town of Southbridge. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Livengood, Marcucci, and McDonald. Councilors abstaining: Lazo. Vote passes.

Agenda Item #24. Vote to ratify the Agreement with Peterson Oil Service, Inc. for the furnishing and delivering of heating oil to various Town-owned buildings. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item.

Chairman Chernisky asked if Peterson Oil had threatened to sue the town the previous year. Mr. Carlisle stated the company had threatened to sue for damages in the amount of $72,000 but did not do so. Chairman Chernisky asked if the bid amount was some fraction below the State bid list amount, and Mr. Carlisle stated it was .0001 of a penny less than the State bid list rate. Mr. Carlisle stated in a competitive bid process Peterson was the lowest bidder. Chairman Chernisky stated this would amount to an insignificant savings each year. Councilor Lazo stated litigation against the Town should preclude anyone from doing business with it.

Agenda Item #24. Vote by roll call, Councilors in favor: Ferron, King, Langevin, Livengood, and McDonald. Councilors opposed: Chernisky, Lazo, Marcucci. By 5 to 3 the vote passes.

Chairman Chernisky called for a recess at 9:02 p.m., and the meeting resumed at 9:12 p.m.

Agenda Item #25. Vote that $1,020,000 is appropriated for the purpose of financing the Phosphorus Reduction Study, Odor Control Study and Infiltration/Inflow Study including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as most recently amended by St. 1998, c. 78; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $1,020,000, and issue bonds or notes therefore under Chapter 44 of the General Laws and/or Chapter 29C of the General Laws, as most recently amended by St. 1998, c.78; that such bonds or notes shall be general obligations of the Town unless the Treasurer with the approval of the Town Manager is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C, as most recently amended by St. 1998, c.78; and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project r for the financing thereof; that the Town Manager is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project.

2/3 Roll Call vote required

Mr. Carlisle stated the biggest impact of this was to eliminate seeping water from the environment into the sewer. Mr. Carlisle stated another part of this was the Federal Government's more stringent standards for phosphorus and nitrate.

Agenda Item #25, vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #26. Vote to ratify an Agreement with Weston & Sampson Engineers, Inc. in the amount of $762,000.00 to provide engineering services for the Phosphorus Reduction Study and the Infiltration/Inflow Study at the Wastewater Treatment Facility for the Town of Southbridge. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #27. Vote that $2,515,000 is appropriated for the purpose of financing the Water Treatment Plant Improvements including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as most recently amended by St. 1998, c. 78; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $2,515,000, and to issue bonds or notes therefore under Chapter 44 of the General Laws and/or Chapter 29C of the General Laws, as most recently amended by St. 1998, c.78; that such bonds or notes shall be general obligations of the Town unless the Treasurer with the approval of the Town Manager is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C, as most recently amended by St. 1998, c.78; and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the Town Manager is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project.

2/3 Roll Call vote required

A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #28. Vote to ratify an Agreement with Weston & Sampson Engineers, Inc. in the amount of $429,000.00 to provide engineering services associated with the proposed improvements to the Water Treatment Plant. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #29. Vote to appropriate by borrowing the sum of $100,000.00 for the purpose of completing various drainage projects including but not limited to Torrey/Ellis Road, Lemoine Hill Road and to authorize the Town Treasurer, in order to meet such appropriation, to borrow the sum of $100,000.00 under Chapter 44, Section 7 of the General Laws or any other enabling authority, and to issue bonds or notes therefore.

2/3 Roll Call vote required

A motion was made by Councilor McDonald, seconded by Councilor Marcucci, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #30. Vote to ratify an Agreement with Valley Communications Systems, Inc. in the amount of $9,367.25 to supply and install the telephone communication system at the Cotton Building. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Discussion was held as to why this money wasn't part of the original bid. Mr. Carlisle stated the cost for rehabbing the Cotton Building is now nearly $8 million, and there were a punch list of remaining things that were needed for completion. Vote by roll call, Councilors in favor: Chernisky, Langevin, Lazo, Livengood, and McDonald. Councilors opposed: Ferron, King, and Marcucci. By 5 to 3 the vote passes.

Agenda Item #31. Vote to ratify an Extra Work Order with Grodsky Service Inc. in the amount of $425.00 for additional work required by the manufacturer's recommended annual maintenance for the HB Smith boiler at Southbridge High School. This increase will be applied during the third year of the three year contract. A motion was made by Councilor King, seconded by Councilor Langevin, to vote this item. Councilor Ferron stated again the Town took a big contract for maintaining something and now needed more money for the work, and that this was poor planning. Mr. Carlisle stated this extra work was for annual maintenance work of around $42,000 in a three-year contract, with one year to go, and adding to the base by $425.00 this is not a work order to address a crisis, but that he wanted it now. Agenda Item #31. Vote by roll call, Councilors in favor: Livengood, McDonald. Councilors opposed: Chernisky, Ferron, King, Langevin, Lazo, and Marcucci. By 2 to 6 motion fails.

Agenda Item #32. Vote to petition Mass Highway for a study of speed zones for Lebanon Hill Road, Eastford Road and North Woodstock Road. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. Councilor King stated he traveled North Woodstock Road to work, and it is a fast road. He stated he felt the town should post a police officer at the border looking for the Connecticut drivers who speed in Massachusetts. Councilor Lazo stated he lives on this road, and police do set up speed traps, and he also stated it was Connecticut-plated drivers who were speeding. Chairman Chernisky stated a few years ago the Town had initiated a speed zone study for Pleasant Street, which had gone nowhere. He stated the town should put up signs now and work out the details later. Mr. Carlisle stated the town could be proactive in addition to the speed zone studies with signs stating 'densely settled,' which can work to slow drivers down.

Agenda Item #32, vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #33. Vote to confirm the Town Manager's re-appointment of Nicola Tortis as Director of Inspection Services for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #34. Vote to confirm the Town Manager's re-appointment of Kopelman and Paige as Town Counsel for the Town of Southbridge for a one-year term to expire on June 30, 2008. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Councilor Lazo stated this firm was very expensive, and we could find cheaper ones. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, and Livengood. Councilors opposed: Ferron, Lazo, Marcucci, and McDonald. By 4 to 4 vote motion fails.

Agenda Item #35. Vote to confirm the Town Manager's appointment of Kathleen Shields as Animal Inspector for the Town of Southbridge for a one-year term to expire June 30, 2008. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #36. Vote to confirm the Town Manager's appointment of Kathleen E. Shields as Dog Officer/Animal Control for the Town of Southbridge for a one-year term to expire Jun 30, 2008. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Ms. Shields thanked the Council for their vote, and stated she was looking forward to initiating new programs for the town.

Chairman Chernisky stated he wanted a motion to vote Agenda Items #37 through #77, with the exception of #64, as one vote. These Agenda Items are as follows:

Agenda Item #37. Vote to confirm the Town Manager's re-appointment of George P. Chenier to the Airport Commission for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #38. Vote to confirm the Town Manager's re-appointment of Steven M. Desmaris to the Airport Commission for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #39. Vote to confirm the Town Manager's re-appointment of Raymond Gauthier to the Cable TV Advisory Committee for the town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #40. Vote to confirm the Town Manager's re-appointment of Mark Zarazinski to the Commission on Disability for the Town of Southbridge for a three year term to expire June 30, 2010.

Agenda Item #41. Vote to confirm the Town Manager's re-appointment of George Parent to the Conservation Commission for the Town of Southbridge for a three year term to expire June 30, 2010.

Agenda Item #42. Vote to confirm the Town Manager's re-appointment of Maureen E. Doyle to the Conservation Commission for the Town of Southbridge for a three year term to expire June 30, 2010.

Agenda Item #43. Vote to confirm the Town Manager's re-appointment of Carol Cornacchioli to the Conservation Commission for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #44. Vote to confirm the Town Manager's re-appointment of Irene Montigny to the Council on Aging for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #45. Vote to confirm the Town Manager's re-appointment of Doris Hopkins to the Council on Aging for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #46. Vote to confirm the Town Manager's re-appointment of Gloria Latino to the Council on Aging for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #47. Vote to confirm the Town Manager's re-appointment of Patricia Mahan to the Council on Aging for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #48. Vote to confirm the Town Manager's re-appointment of Jean Cavanaugh to the Council on Aging for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #49. Vote to confirm the Town Manager's re-appointment of Robert Tremblay to the Historical Commission for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #50. Vote to confirm the Town Manager's re-appointment of Father Peter Joyce to the Jacob Edwards Library Board of Trustees for a three-year term to expire June 30, 2010.

Agenda Item #51. Vote to confirm the Town Manager's re-appointment of Roger Norowski as Veterans' Grave Officer for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #52. Vote to confirm the Town Manager's re-appointment of Arnold F. Lanni to the Scholarship Committee for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #53. Vote to confirm the Town Manager's re-appointment of Ajay LaRochelle to the Scholarship Committee for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #54. Vote to confirm the Town Manager's re-appointment of Daniel Charette to the Scholarship Committee for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #55. Vote to confirm the Town Manager's re-appointment of Thomas Smalarz to the Educational Fund Committee for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #56. Vote to confirm the Town Manager's re-appointment of Ajay LaRochelle to the Educational Fund Committee for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #57. Vote to confirm the Town Manager's re-appointment of Arnold F. Lanni to the Educational Fund Committee for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #58. Vote to confirm the Town Manager's re-appointment of Daniel Charette to the Educational Fund Committee for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #59. Vote to confirm the town Manager's re-appointment of Dr. Dale M. Hanley to the Educational Fund Committee for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #60. Vote to confirm the Town Manager's re-appointment of Kenneth Pickren to the Southbridge Trail Committee for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #61. Vote to confirm the Town Manager's re-appointment of Nancy Coderre to the Industrial Development Finance Authority for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #62. Vote to confirm the Town Manager's re-appointment of Paul R. Jalbert to the Industrial Development Finance Authority for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #63. Vote to confirm the Town Manager's re-appointment of Alexandria McNitt to the Economic Development Commission for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #65. Vote to confirm the Town Manager's re-appointment of Lt. James Philbrook as Health Inspector for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #66. Vote to confirm the Town Manager's re-appointment of Peter Ramirez to the Planning Board for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #67. Vote to confirm the Town Manager's re-appointment of David Payeur to the Planning Board for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #68. Vote to confirm the Town Manager's re-appointment of Russell E. French, Jr. to the Planning Board for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #69. Vote to confirm the Town Manager's re-appointment of Robert Tremblay to the Planning Board for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #70. Vote to confirm the Town Manager's re-appointment of Marc A. DiPietro as Public Weigher for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #71. Vote to confirm the Town Manager's re-appointment of Mark E. Bonin as Public Weigher for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #72. Vote to confirm the Town Manager's re-appointment of William C. Jolin as Public Weigher for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #73. Vote to confirm the Town Manager's re-appointment of Stephen Lovely as Public Weigher for the Town of Southbridge for a one-year term to expire June 30, 2008.

Agenda Item #74. Vote to confirm the Town Manager's re-appointment of Lynne Bertrand to the Zoning Board of Appeals for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #75. Vote to confirm the Town Manager's re-appointment of Gregory Cormier to the Zoning Board of Appeals for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #76. Vote to confirm the Town Manager's re-appointment of Theresa Colognesi to the Zoning Board of Appeals for the Town of Southbridge for a three-year term to expire June 30, 2010.

Agenda Item #77. Vote to confirm the Town Manager's re-appointment of Chad D. Splaine as an alternate member of the Zoning Board of Appeals for a two-year term to expire June 30, 2009.

Councilor Ferron made a motion to vote Agenda Items #37 through #77 with the exception of Agenda Item #64, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes to approve Items #37 through #77 with the exception of #64.

Agenda Item #64. Vote to confirm the Town Manager's re-appointment of John Gauvin to the Economic Development Commission for the Town of Southbridge for a three-year term to expire June 30, 2010.

Councilor Ferron made a motion to skip over Agenda Item #64, seconded by Councilor Livengood. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Vote passes.

Agenda Item #78. Councilors' Forum

Councilor King thanked the three Councilors who were leaving, and stated he had learned a lot from them.

Councilor King stated he read in the local paper where a politician was being referred to as a 'terrorist.' Councilor King stated he was surprised the local paper printed that trash, and he found it appalling. Councilor King stated just because you differ from someone's opinion it doesn't give anyone the right to refer to you as a terrorist, nor to accuse this politician of having a left wing radical agenda. Councilor King stated shame on the editor of the local paper for printing this trash. He stated he was under the impression that the editor didn't allow personal attacks. He stated the writer was a coward for not signing his or her name.

Councilor Lazo thanked the three Councilors who were leaving.

Councilor Lazo thanked the Town Manager for getting an answer on the street lights at Dunkin Donuts, and why they were not lit.

Councilor Lazo stated regarding the accident involving the Town vehicle, in the past the Town departments had followed Massachusetts General Laws pertaining to reporting accidents.

Councilor Lazo stated don't forget to vote on June 26th.

Councilor Livengood thanked the Councilors who were leaving, stating it was a thankless job. He also thanked those who were reappointed to Town boards or functions for their time and effort, and stated he was proud of these appointees.

Councilor Livengood stated the Town needed to be safe regarding the gas numbers at the landfill, and he wanted the Board of Health and the Conservation Commission to meet with the State Department of Environmental Protection, to come up with an easy to understand explanation of how the readings are acquired, and what impact they have on the town.

Councilor Langevin stated he was disheartened to read in the newspaper that Mr. Benoit, who has been taking care of Carpenter Pond, is backing away from these duties, due to the disrespect people are showing to this property.

Councilor Langevin thanked the Police Department and the State Police for monitoring Henry Street Field.

Councilor Langevin stated municipal vehicle policy to go back to subcommittee.

Councilor Langevin stated in his six years as Councilor the Council had cleaned up shop, and he believed the town was moving in the right direction. Councilor Langevin thanked his family and friends for their support, and he thanked the voting members of the public. He stated he hoped more people got out to vote.

Councilor Marcucci thanked her family, and the residents of Southbridge who put their faith in her for the past 18 years. She stated all the Town employees were a very professional and dedicated group. She wished her fellow Councilors luck.

Councilor Ferron thanked the Town employees, who never turned away when asked questions. Councilor Ferron stated he hoped he had done his best for the town.

Agenda Item #79. Discussion of next meeting date. Councilor Ferron made a motion for 7/9/07 for the Reorganization Meeting and the regular business meeting, seconded by Councilor Lazo. Vote by show of hands, all in favor.

Agenda Item #80. Adjournment. A motion was made by Councilor King, seconded by Councilor Livengood, to adjourn the meeting. Vote by show of hands, unanimous in favor. The meeting adjourned at 9:55 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, JUNE 4, 2007

A meeting of the Southbridge Town Council was held on Monday, June 4, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:01 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Councilors excused: Ferron, Lazo.

Agenda Item #3. Consider and accept the minutes of:

    May 21, 2007 - Public Hearing. A motion was made by Councilor Langevin, seconded by Councilor King, to accept these minutes. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

    May 21, 2007 - Continuation of April 25, 2007 meeting. A motion was made by Councilor King, seconded by Councilor McDonald, to accept these minutes. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

    May 21, 2007 - Town Council meeting. A motion was made by Councilor Langevin, seconded by Councilor King, to accept these minutes. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Agenda Item #4. Subcommittee reports:

  • General Government. Councilor King said a meeting of the subcommittee would be held on 6/13/07, at 7 p.m., in the Rice Conference Room.
  • Education and Human Services. Councilor Nikolla said there were no minutes to read and no meeting was scheduled.
  • Planning and Development. Councilor Livengood said the next meeting would be on 6/7/07 in the Rice Conference Room at 7 p.m.
  • Town Manager. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairman Chernisky stated the Southbridge Fest would be held this Saturday, June 9, 2007, with many festivities being offered.

Chairman Chernisky stated the City of Walpole had sent a letter to their state legislators regarding changes in Chapter 40b, and he wanted to know if the Council wanted to do the same in Southbridge.

Chairman Chernisky stated Don Allard had resigned from the Southbridge Housing Authority, and now the joint boards of the Town Council and the Housing Authority needed to meet to assign a new member. Chairman Chernisky asked that anyone interested contact the Town Hall.

Chairman Chernisky asked the Town Manager if SRD was responsible for all closure and post closure costs at the landfill, regardless of the amount, and Mr. Carlisle stated yes.

Chairman Chernisky read a letter of thanks from the Grade 3 teacher at Charlton Street School, as well as from the class.

Chairman Chernisky asked about a letter in the packet, which stated the current levels of staffing for the Town's Fire Department were unsafe. A lengthy discussion was held between Fire Chief Laporte, Fireman's Union Steward Joe Hulyk, and the Town Council regarding levels of funding and staffing issues in the department.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle stated the drainage issue on the Langevin property on Durfee Street was soon to be resolved.

Mr. Carlisle stated there were several contract items which needed to be addressed, and these were being referred to the DPW Subcommittee.

Mr. Carlisle stated at the 6/18/07 Town Council meeting there would be a handful of last minute financial votes needed in conjunction with the budget. Mr. Carlisle stated a General Government Subcommittee meeting would be held prior to this meeting, to address these issues.

Mr. Carlisle stated Town departments had been asked to turn over hazardous wastes, to be disposed at the upcoming 6/23/07 toxic waste day at the Town's landfill. Councilor Nikolla asked where these toxic wastes were taken, and the Town's Landfill Monitor Anna Smith said one contractor took them all out of town for disposal elsewhere.

Mr. Carlisle stated the reported noise on Pleasant Street was a buried manhole cover, and the DPW was scheduled to make adjustments to this. Mr. Carlisle stated the Police Department continued to enforce the speed limit on Pleasant Street.

Mr. Carlisle stated John Pulawski had questioned the ability of CDM in their audit in Webster involving the Webster wastewater treatment facility, and Mr. Carlisle described what he felt had happened in this instance. Mr. Carlisle stated a note from Mr. Pulawski was now urging the Council to revisit the vote on the contract with Casella, and Mr. Carlisle thoroughly rejected this reasoning.

Mr. Carlisle stated Mr. Pulawski had been provided with the gas analysis he had requested. Mr. Carlisle described how Casella had invested some $3 million dollars to put in dozens of gas wells, and there were now two burners at the site. Mr. Carlisle stated since Casella had taken over operation of the landfill there had been gas testing every 15 minutes, which met the State standards.

Mr. Carlisle stated a law suit brought by former Town Manager Mike Coughlin had been dismissed in court, where it had languished for inattention.

Agenda Item #7. Citizens' Forum

George Chenier of Pleasant Street described some of the problems on the roadway of Pleasant Street. He stated Pleasant Street needed to be resurfaced its entire length.

Howard Hall of Hamilton Street said the sidewalk by the Spanish American Market needed to be replaced.

John Pulawski of Jennison Street stated he had done air testing at the Big Y Market, near the Town's wastewater treatment facility and after landfill leachate was deposited there. Mr. Pulawski stated he had a team coming from Worcester Polytechnic Institute to do further testing. Mr. Pulawski stated a court in the Commonwealth should determine whether or not the issue of a contract for the landfill should be brought to a referendum vote.

Mr. Carlisle stated he didn't think it was appropriate to use fear mongering or to prey on the ignorance of he public regarding hydrogen sulfide. Mr. Carlisle stated the air quality from the landfill had been steadily improving, and the odor at the wastewater treatment facility had lessened a great deal.

Councilor Marcucci made a motion, seconded by Councilor McDonald, to allow John Pulawski an additional five minutes to speak. Vote by roll call, Councilors in favor: Chernisky, Langevin, Marcucci, McDonald, and Nikolla. Councilors opposed: King, Livengood. Motion passes.

Mr. Pulawski continued, and described the high numbers of hydrogen sulfide at the wastewater treatment facility.

Chairman Chernisky called for a recess at 8:15, and the meeting resumed at 8:25 p.m.

Mr. Pulawski asked about disposal of batteries.

Agenda Item #8. Discussion of McCann Field Activities. Barbara VanHorn of Eastford Road spoke about the vulgar language being used at McCann Field, and the destruction of property, as well as graffiti and vandalism. Mrs. VanHorn stated she was afraid violence would break out during league play. Police Chief Charette stated there was no easy answer to this, and the Police Department would begin ticketing again for litter. Further discussion was held, including an update from Shaun Moriarty of the Southbridge Little League about a concession stand at the site.

Agenda Item #9. Vote to accept and sign the Warrant for the June 26, 2007 Annual Town Election. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Agenda Item #10. Vote to designate the Town of Southbridge as an American Cancer Society Relay for Life Community. A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Agenda Item #11. Voted: that $535,000.00 is appropriated for the purpose of financing the construction of the Airport T Hangar including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as most recently amended by St. 1998, c. 78; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $535,000.00 and issue bonds or notes therefore under Sections 7 and/or 8 of Chapter 44 of the General Laws and/or Chapter 29C of the General Laws, as most recently amended by St. 1998, c. 78; that such bonds or notes shall be general obligations of the Town.

2/3 Roll Call vote required

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item, and discussion was held. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Agenda Item #12. Vote that the Town decline to exercise the Town's first refusal option under General laws Chapter 61A to purchase Lot 8, being shown on a plan entitled "Definitive Subdivision Plans, Graywood Estates" prepared by Bertin Engineering Associates, Inc., dated December 15, 2003 and recorded in the Worcester District Registry of Deeds, Plan Book 826, Plan 25 for a total purchase price of $125,000.00 on terms set out in the Contract to Purchase Real Estate between Richard M. Harwood Revocable Trust as seller, and Michael F. Loin as buyer, notice of which was received by the Town May 17, 2007. A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Agenda Item #13. Vote to release all Executive Session minutes with regard to the Landfill Extension Agreement. A motion was made by Councilor Langevin, seconded by Councilor Livengood, to vote this item.

Chairman Chernisky described the opinion issued earlier in the day by Attorney Giorgio, and passed this information out. Mr. Carlisle stated some of the minutes had more than one issue, and Attorney Giorgio felt the Council needed to review the policy for executive session minutes. Mr. Carlisle stated the Council should vote to release executive session minutes, after having the chance to review them.

Councilor Langevin and Livengood withdrew their motion and second, and instead Councilor Livengood made a motion to skip over Agenda Item #13, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Agenda Item #14. Councilors' forum

Councilor Livengood congratulated all Southbridge High school graduates in the class of 2007.

Councilor Livengood stated Sandy Acly and Mark Morin of the EDC had asked him to announce there were a number of vacant business buildings in town available for rent, and anyone interested in the locations of these buildings could call Mr. Morin at 764-4274.

Councilor Nikolla stated she had attended the high school graduation, and she was very impressed and was struck by the level of maturity of the students.

Councilor Marcucci stated as the new Chairwoman of the Landfill Oversight Committee, she wanted to have a meeting to discuss the trash trucks going to the landfill, and whether or not they are legal for use on the roads and how to determine this.

Councilor Marcucci asked about the accident with the Fire Chief, and Chief Laporte described this accident, which involved a town-owned vehicle.

Councilor McDonald stated he wanted the volume of the speakers fixed in the Council Chambers.

Councilor McDonald spoke favorably about the Memorial Day event, and also thanked the DPW for their help in preparing the monuments for the events.

Councilor King congratulated Southbridge High School for a good graduation, and he thanked Paul Zotos for attending and bringing it to all who could not attend.

Councilor King stated he had lost his temper a few weeks ago, but he would not apologize for what he said. Councilor King stated his personal life was off limits, and his role as Councilor was for Town business only. He stated his friends were his own business, as was his church, as was who asked him to run for Council. Councilor King asked that no one call and harass him or his family. He asked that no one question his veteran's status, stating he was an honorably discharged Marine, and that no one question his mental health based on his military service.

Chairman Chernisky stated Scott Simpson had been named an Eagle Scout, and he thanked Mrs. Laporte and Mrs. Daoust for their extra effort in acknowledging this.

Chairman Chernisky stated he had attended the Memorial Day parade, and it was a very stirring tribute, and he thanked everyone who was involved.

Chairman Chernisky stated he had attended the Bay Path and Southbridge High School graduations, and was delighted at the valedictorian speech Ms. Lynch of Southbridge High had given, about cultural diversity and how well prepared high schoolers were for the world.

Chairman Chernisky stated it was interesting that someone was questioning Councilor King's mental status as affected by the military. Chairman Chernisky stated he had recently been told his blood sugar must be low, and that a nearby cell tower was sending evil rays into his head and affecting his anger and other things. Chairman Chernisky stated because someone has a difference of opinion it doesn't mean they are mentally incapable.

Chairman Chernisky stated in regards to the fireworks, there would be none this year, but he would be forming a fireworks committee, a private group, to gather funds to try to put together for next year. He stated he wanted to see 10 or so volunteers in town to join, to coordinate an effort to bring these back next year.

Agenda Item #15. Discussion of the next meeting date. Chairman Chernisky made a motion to have 6/18/07 be the next meeting date, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

A motion was made to adjourn by Councilor King, seconded by Councilor Langevin. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Vote passes. The meeting adjourned at 9:35 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


PUBLIC HEARING, TOWN OF SOUTHBRIDGE, MONDAY, MAY 21, 2007

A public hearing was held on Monday, May 21, 2007, in the Robert MacKinnon Council Chambers. Town Manager Carlisle called the meeting to order at 6:30 p.m.

Mr. Carlisle read the hearing notice regarding the impact of the proposed FY 2008 budget. Mr. Carlisle read the budget method used to determine the needs for the FY2008 budget. Mr. Carlisle stated the tax levy for next year would probably fall between 7.4% and 0%, depending on the amount the Town could raise between now and November. Mr. Carlisle stated he wanted the burden of taxation to shift somewhat from residential to commercial. Mr. Carlisle stated the total FY2008 budget for the Town of Southbridge would be about $49,000,000, and the budget process would run until late November to December.

There were no comments from the citizens.

The meeting concluded at 6:47 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, MAY 21, 2007

A meeting of the Southbridge Town Council was held on Monday, May 21, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:01 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

Agenda Item #3. Consider and accept the minutes of the May 7, 2007 meeting. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to accept these minutes. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors abstaining: Langevin.

Agenda Item #4. Subcommittee reports:

  • General Government. Councilor King stated there was no meeting scheduled.
  • Department of Public Works. Councilor Lazo read the minutes of the joint General Government/DPW Subcommittee meeting of 5/16/07.
  • Education and Human Services. Councilor Nikolla read the minutes of the 5/8/07 meeting. She stated a meeting had been held on 5/17/07, and the recommendations at that meeting were included in tonight's budget votes.
  • Planning and Development. Councilor Livengood read the minutes of the 5/10/07 meeting.
  • Protection of Persons and Property. Councilor Ferron gave an overview of the recent PPP meeting. He stated the minutes were available in the Town Clerk's office.
  • Town Manager. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5 Chairman's Announcements

Chairman Chernisky described the new Landfill Oversite Subcommittee. He stated Councilor Marcucci would be the Chairwoman for this subcommittee, and that he had appointed Councilors Livengood and McDonald, and that three citizens had expressed interest in serving as citizen members. Chairman Chernisky stated he had chosen two, and there were on tonight's agenda.

Chairman Chernisky congratulated the local high school seniors for their achievements.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle stated the yard waste dropoff site at Southbridge Tire was very active and still accepting yard waste.

Mr. Carlisle stated the town had procured a special deal for water barrels for use beneath gutter spouts, for people who wanted to use rainwater in their gardens. He stated the normal price for these barrels is $89, but the town can get them for $66.50 by calling 877-977-3135, before 6/20/07.

Mr. Carlisle stated the next toxic waste day at the landfill was going to be on 6/23/07 from 9 a.m. to 2 p.m. at 165 Barefoot Road, the landfill site.

Agenda Item #7. Citizens' Forum

Kevin Buxton of Elm Street stated it was great to see so much citizen involvement in tonight's meeting.

Howard Hall of Hamilton Street asked about the crosswalks.

Agenda Item #8. Vote that the Town Council hereby authorizes the Town Manager, on behalf of the Town, to enter into an Extension of Agreement for the Operation of the Barefoot Road Sanitary Landfill, and Refuse and Recyclables Collection (the Agreement) with Southbridge Recycling and Disposal Park, Inc. (SRD), as negotiated by the Town Manager and the negotiating teams, pursuant to which Agreement SRD shall operate the landfill, located on the property on Barefoot Road that is described in a deed recorded with the Worcester South District Registry of Deeds in Book 7008, Page 91, in accordance with the terms and conditions set forth in such Agreement, and further to authorize the Town Manager to sign such other documents and to take all related actions as may be necessary or appropriate to effectuate the aforesaid Agreement. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item.

Attorney Giorgio explained the changes which had taken place since the 4/25/07 meeting. He stated these changes had been made based on comments from the Town Council.

Attorney Giorgio stated the changes included the following:

  • 1. Southbridge would get 'Most Favored Nation' status, at seven year intervals, where the town would get a similar benefit to any similarly situated landfill in the State.
  • 2. A guarantee would be provided for the construction of the industrial park access road, whereby if Casella is awarded the bid then they will guarantee all repairs on the road for five years.
  • 3. The ability of the town to perform unannounced inspections of the scale was now part of the proposed agreement, as well as the ability for the town to install more landfill monitoring equipment.
  • 4. It was now explicit in the contract that Casella could not assign the landfill operation to any other company without approval of the Town Council.
  • 5. There was now in the proposed agreement an escalation factor for the royalty payments made under this contract. This factor will be based on the percentage increase in the average tipping fee at the landfill, and will be a further hedge against inflation along with the CPI increase of up to 2.5% (please see attachment #1).

A lengthy discussion was held by the following, in the order they first spoke:

Councilor Marcucci, Attorney Giorgio, DPW Director Hamer Clarke, Councilor Livengood, Councilor King, Councilor Lazo, Councilor Nikolla, Councilor Ferron, Town Manager Carlisle, Chairman Chernisky, and Councilor Langevin.

A motion to move the question was made by Councilor Ferron, seconded by Councilor King. Vote by roll call, Councilors in favor: Ferron, King, Langevin, Livengood. Councilors opposed: Chernisky, Lazo, Marcucci, McDonald, and Nikolla. Motion fails.

A recess was held between 8:32 p.m. and 8:44 p.m.

Paul Larkin of Dennison Drive spoke about the proposed landfill agreement.

Dean Cook of South Street spoke about the proposed landfill agreement.

Stephanie Anderson of Jennison Street spoke about the proposed landfill agreement.

Kevin Buxton of Elm Street spoke about the proposed landfill agreement.

John Pulawski of Jennison Street spoke about the proposed landfill agreement, and a motion was made to allow Mr. Pulawski an additional five minutes to speak, made by Councilor Lazo, seconded by Councilor Marcucci. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Marcucci, and McDonald. Councilors opposed: Langevin, Livengood, and Nikolla. Councilors abstaining: King. Motion passes.

Mr. Pulawski continued to discuss the proposed landfill contract and landfill operations in general.

Discussion by the Council was held and a motion was made to move the question by Councilor King, seconded by Councilor Ferron. Vote by roll call, Councilors in favor: Ferron, King, Langevin, and Livengood. Councilors opposed: Chernisky, Lazo, Marcucci, McDonald, and Nikolla. Motion fails.

Larry Beinema of Dennison Hill Road asked questions about the landfill operations under the proposed agreement.

John Gatti of Briarwood Ave spoke about the proposed landfill agreement. A motion was made to allow Mr. Gatti an additional five minutes of time, motion made by Councilor Lazo, seconded by Councilor Ferron. Vote by roll call: Councilors in favor: Ferron, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Chernisky. Councilors abstaining: King. Motion passes. Mr. Gatti continued.

Holly Christo of High Street spoke about the proposed landfill agreement.

Kevin Buxton of Elm Street asked to speak again, and a motion was made by Councilor Lazo, seconded by Councilor Marcucci, to allow him to speak for an additional five minutes. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Marcucci, McDonald. Councilors opposed: Langevin, Livengood, and Nikolla. Councilors abstaining: King. Motion passes.

Mr. Buxton spoke about the proposed landfill agreement.

At this point no one further wished to speak about the agenda item.

Chairman Chernisky asked Attorney Giorgio if any adjusting of the language of this item needed to be done in order to incorporate the newest part of the agreement. Attorney Giorgio stated Agenda Item #8 should include the following at the end; "provided that the Town Council's approval of the contract is subject to inclusion of the annual percentage increase provision presented to Council this evening, subject to verification by the Town Attorney."

Councilor Ferron made a motion to amend Agenda Item #8 to read as follows: Vote that the Town Council hereby authorizes the Town Manager, on behalf of the Town, to enter into an Extension of Agreement for the Operation of the Barefoot Road Sanitary Landfill, and Refuse and Recyclables Collection (the Agreement) with Southbridge Recycling and Disposal Park, Inc. (SRD), as negotiated by the Town Manager and the negotiating teams, pursuant to which Agreement SRD shall operate the landfill, located on the property on Barefoot Road that is described in a deed recorded with the Worcester South District Registry of Deeds in Book 7008, Page 91, in accordance with the terms and conditions set forth in such Agreement, and further to authorize the Town Manager to sign such other documents and to take all related actions as may be necessary or appropriate to effectuate the aforesaid Agreement, provided that the Town Council's approval of the contract is subject to inclusion of the annual percentage increase provision presented to Council this evening, subject to verification by the Town Attorney. This motion to amend was seconded by Councilor Livengood. Vote to amend Agenda Item #8 to read as above, by roll call. Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #8 (as amended). Vote that the Town Council hereby authorizes the Town Manager, on behalf of the Town, to enter into an Extension of Agreement for the Operation of the Barefoot Road Sanitary Landfill, and Refuse and Recyclables Collection (the Agreement) with Southbridge Recycling and Disposal Park, Inc. (SRD), as negotiated by the Town Manager and the negotiating teams, pursuant to which Agreement SRD shall operate the landfill, located on the property on Barefoot Road that is described in a deed recorded with the Worcester South District Registry of Deeds in Book 7008, Page 91, in accordance with the terms and conditions set forth in such Agreement, and further to authorize the Town Manager to sign such other documents and to take all related actions as may be necessary or appropriate to effectuate the aforesaid Agreement, provided that the Town Council's approval of the contract is subject to inclusion of the annual percentage increase provision presented to Council this evening, subject to verification by the Town Attorney. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Livengood, and Nikolla. Councilors opposed: Langevin, Lazo, Marcucci, and McDonald. Vote passes.

Chairman Chernisky called for a recess at 10 p.m. The meeting continued at 10:08 p.m.

Councilor Marcucci left the meeting at 10:08 p.m.

Agenda Item #9. Vote to appoint George Parent of 44 Woodland Street as a citizen member of the Landfill Oversight Subcommittee until June 30, 2007. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Councilor Lazo stated Mr. Parent was already on several boards, and the subcommittee should allow other interested parties to participate. Councilor Nikolla asked the duration of these appointments, and Chairman Chernisky stated until 6/30/07. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Livengood, McDonald, and Nikolla. Councilors opposed: Lazo. Motion passes.

Agenda Item #10. Vote to appoint David LaRochelle of 580 Lebanon Hill Road as a citizen member of the Landfill Oversight Subcommittee until June 30, 2007. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Motion passes.

Agenda Item #11. Vote to accept the provisions of Chapter 44, Section 53F 1/2 of the Massachusetts General Laws, establishing the Site Management Services Enterprise Fund effective July 1, 2007. A motion was made by Councilor McDonald, seconded by Councilor King, to vote this item.

Mr. Carlisle described this enterprise fund as one that will attend to recreation fields and facilities within the town, and is financed by clearing town-owned wooded areas such as around the town's watershed. Chairman Chernisky asked if this would limit the uses of this revenue by placing it in an enterprise fund. Mr. Carlisle stated he was hoping for about $100,000 to $150,000 a year in revenue, and it wouldn't go far. He stated the youth fields had suffered of late for lack of funding, and if this Enterprise Fund became too large it could be dissolved.

Agenda Item #11. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #12. Vote that $250,000.00 is appropriated for the purchase and installation of School Department computer hardware; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $216,171.89 under Chapter 44 of the General Laws and to transfer the sum of $33,828.11 in unexpended funds from Account Number 400.592.5830.141.6295 Assessors FY 05 Purchase CAMA System (Debt) to Account Number 400.5925830.300.6302 School Department Technology (Debt).

2/3 Roll Call Vote

A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item.

Councilor Ferron asked where this was discussed in subcommittee. Mr. Carlisle stated in around February or March the School Committee had attended an Education and Human Services Subcommittee, and described how all the hardware needs of all five schools could be done with this additional amount of money, and this had met with the general approval of several Town Councilors. Mr. Carlisle stated the Town had already borrowed $1,000,000, and this additional $250,000 would cover the hardware costs of all five schools. Councilor Ferron asked about the extra money in the School Department, and Mr. Carlisle stated this money, according to the School side, was being earmarked for paying ahead the first quarter payment of SPED tuition, in the range of about $400,000 to $600,000, and Mr. Carlisle said this was consistent with past practice. Mr. Carlisle stated they were also endeavoring to bring back some of the lost staffing levels.

Councilor King asked if these computers were now obsolete, and also since so many students had left the high school did we need the same amount of hardware. Councilor Nikolla stated the School side had already made reductions in total number of units based on less need and a reconfiguration of where they were to go. Mr. Carlisle stated as far as he knew everything in the original specs was still being called for.

Agenda Item #12. Vote by roll call, Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors abstaining: King. Vote passes.

Agenda Item #13. Vote to transfer the sum of $20,000.00 from Town Council Reserve Account Number 1.132.5781 as follows: $7,000.00 Fire Department Account Number 1.220.5430 Repair & Maintenance of Buildings; $10,000.00 Fire Department Account Number 1.220.5130 Overtime and $3,000.00 Fire Department Account Number 1.220.5182 Assignments. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item.

Councilor Ferron stated due to the recent claims as cited in the newspaper, he wanted all paperwork for overtime used in the past three to six months, as he doesn't believe a word that was said in subcommittee about this.

Councilor Langevin stated he was recusing himself from this vote because he has a family member on the Fire Department.

Discussion was held. Chief Laporte stated this was the second time in 23 years he was making this request, and the past year had been an extraordinary year. Chief Laporte stated he hadn't purchased anything since January, and he was transferring money to cover this account. Councilor Lazo asked what would happen if this transfer was not made, and Mr. Carlisle stated one thing would be that Southbridge would have to start refusing transfers such as Masonic Home and to Boston and other distant hospitals, and would lose revenue and damage existing relationships with medical entities.

Councilor Ferron stated there was a pattern of deceit on the part of the fire chief. He stated this vote could be postponed until later this year, and with the paperwork in hand regarding the use of overtime the Council could make a more informed choice.

Councilor King made a motion to table Agenda Item #13, seconded by Councilor Ferron. Vote by roll call to table, Councilors in favor: Ferron, King. Councilors opposed: Chernisky, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors abstaining: Langevin. Motion fails.

Mr. Carlisle stated if the request was for more information then it could be obtained at a PPP Subcommittee, or put on an agenda for discussion, but there was a need to pay this now and bring it back as a discussion issue.

Agenda Item #13. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron, King. Councilors abstaining: Langevin. Motion passes.

Agenda Item #14. Vote to support a CDBG facade improvement project for Zoe's, a restaurant located at 289 Main Street. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #15. Vote to support a CDBG facade improvement project for Phase II a hair salon located at 59 Central Street. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #16. Vote to ratify a Goods and Services Agreement in an amount not to exceed $10,000.00 with The Segal Company for the federally required GASB 45 health liability analysis. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #17. Vote to ratify a Goods and Services Agreement whereby Berkshire Hardwoods Inc. will pay the Town of Southbridge $15,076.05 for the cutting and purchase of timber in the Southbridge Watershed. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #18. Vote to ratify the Gannett Fleming Contract Amendment #4 for the DPW Complex on Guelphwood Road in the amount of $393,962.00 for engineering services to complete the environmental mitigation process. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Councilor King asked if this was in the original dollar amount set aside for this project, and Mr. Carlisle said yes. Councilor Lazo said if this was not voted then the rest of the work at the site would be held up. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #19. Vote to adopt the FY 2008 Town of Southbridge General Fund Operating Budget per the attached voting document in the amount of $41,088.989.00 to be funded as follows:

Raise and appropriate $40,551,164

Transfers from other available funds:

Sale of Street List Books2,500
Cable Operating Account88,500
Septic Loan Program6,048
Debt Service Reserve350,000
Sale of Lots & Graves15,000
Perpetual Care Interest32,500
Library Incentive Grant25,000
Free Cash18,277
TOTAL:$537,825

A motion was made by Councilor King, seconded by Councilor Langevin, to vote this item.

Town Accountant Karen Harnois stated there was a revised Agenda Item #19, which had been handed out tonight, along with the revised vote. Mr. Harnois described the changed items as follows:

  • Town Council Stipends for $18,000.
  • Town Manager budget for an additional $3,086, based on the recently agreed upon increase.
  • Bay Path revised budget for $14,280 less than originally presented, based on the increased contribution of Chapter 70 money by the State.
  • Southbridge Public Schools budget for an additional $14,000, based on stipends for School Committee members.
  • Site Management Services budget $200,000, based on the need for this new enterprise fund to carry a balance.

Chairman Chernisky asked where the $200,000 for the enterprise account was coming from, and Mrs. Harnois said it was self supporting. Chairman Chernisky asked why was this being presented now, and Mrs. Harnois said she had waited to make sure everything was balanced. Mr. Carlisle stated it would have been inappropriate to bring these changes to any other body other than the Council as a whole.

Councilor McDonald made a motion, seconded by Councilor Lazo, to amend Agenda Item #19 based on the changes described by the Town Accountant, and as follows:

Agenda Item #19. Vote to adopt the FY 2008 Town of Southbridge General Fund Operating Budget per the attached voting document in the amount of $41,109,795 to be funded as follows:

Raise and appropriate $40,571,970

Transfers from other available funds:

Sale of Street List Books2,500
Cable Operating Account88,500
Septic Loan Program6,048
Debt Service Reserve350,000
Sale of Lots & Graves15,000
Perpetual Care Interest32,500
Library Incentive Grant25,000
Free Cash18,277
TOTAL:$537,825

Vote by roll call to amend Agenda Item #19 as described above, Councilors in favor: Chernisky, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron. Vote to amend passes.

Chairman Chernisky read each budget item from the voting document, and each was voted as is reflected below.

Councilor King made a motion to raise and appropriate $9,982,494 ($10,429,542 less transfer of $447,048) for the General Government FY 2008 budget, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron. Motion passes.

Councilor McDonald made a motion to raise and appropriate $4,997,867 for the Public Safety FY 2008 budget, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Chernisky, Ferron, King, and Langevin. Motion fails.

Councilor Lazo made a motion to raise and appropriate $1,425,836 ($1,473,336 less transfer of $47,500) for the Department of Public Works FY 2008 budget, seconded by Councilor Ferron. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron, Langevin. Motion passes.

Councilor McDonald made a motion to raise and appropriate $560,399 ($585,399 less transfer of $25,000) for the Human Services FY 2008 budget, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron. Motion passes.

Councilor McDonald made a motion to raise and appropriate $23,495,880 for the Education FY 2008 budget, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron, King. Motion passes.

Chairman Chernisky stated $127,771 would be raised and appropriated for the Supplemental Reserve Fund, and $18,277 would be transferred from free cash, to balance the FY 2008 budget.

At this point further discussion was held on the Public Safety budget.

Councilor Nikolla made a motion to raise and appropriate $4,997,867 for the Public Safety FY 2008 budget, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron. Motion passes.

Councilor McDonald made a motion, seconded by Councilor Livengood, to vote the amended Agenda Item #19 as follows:

Agenda Item #19 (as amended). Vote to adopt the FY 2008 Town of Southbridge General Fund Operating Budget per the attached voting document in the amount of $41,109,795 to be funded as follows:

Raise and appropriate $40,571,970

Transfers from other available funds:

Sale of Street List Books2,500
Cable Operating Account88,500
Septic Loan Program6,048
Debt Service Reserve350,000
Sale of Lots & Graves15,000
Perpetual Care Interest32,500
Library Incentive Grant25,000
Free Cash18,277
TOTAL:$537,825

Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron. Vote passes.

Agenda Item #20. Vote to adopt the FY 2008 Sewer Enterprise Fund budget of $2,381,158.00 to be raised from sewer rates. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron. Vote passes.

Agenda Item #21. Vote to adopt the FY 2008 Water Enterprise Fund budget of $3,035,735.00 to be raised from water rates. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron, Lazo. Vote passes.

Agenda Item #22. Vote to adopt the FY 2008 Landfill Enterprise Fund Budget of $887,235.00 to be funded from landfill user charges. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron. Vote passes.

Agenda Item #23. Vote to adopt the FY 2008 Site Management Services Enterprises Fund Budget of $200,000.00 to be funded from program revenue. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #24. Vote to re-authorize the "Leased Properties Revolving Fund" under the provisions of Massachusetts General Laws Chapter 44, Section 53E 1/2 to pay all repairs, improvements, expenses and utilities for all Town owned leased property except 115 Marcy Street, from lease payments to be deposited in the account, with all expenditures to be approved by the Town Manager and total expenditures from the account not to exceed $125,000 per year. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #25. Vote to re-authorize the "Day Care Center Leased Properties Revolving Fund" under the provisions of Massachusetts General Laws Chapter 44, Section 53E 1/2 to pay all repairs, improvements, expenses and utilities for the leased property at 115 Marcy Street from lease payments to be deposited into the account, with all expenditures to be approved by the Town Manager and total expenditures from the account not to exceed $125,000 per year. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #26. Vote to re-authorize the "Southbridge Airport Leased Properties Revolving Fund" under the provisions of Massachusetts General Laws Chapter 44, Section 53E 1/2 to pay all repairs, improvements, expenses and utilities for the leased property at the Southbridge Municipal Airport from lease payments to be deposited into the account, with all expenditures to be approved by the Town Manager and total expenditures from the account not to exceed $50,000 per year. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron, Lazo. Vote passes.

Agenda Item #27. Vote to re-authorize the "Municipal Hearing Officer Revolving Fund" under the provisions of Massachusetts General Laws Chapter 44, Section 53E 1/2 to pay all expenses associated with the administration and collection of fines in violation of M.G.L. Chapter 148A such fines to be deposited into the account, with all expenditures to be approved by the Town Manager and total expenditures from the account not to exceed $5,000.00 per year. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron, King, and Langevin. Vote passes.

Agenda Item #28. Councilors' Forum

Councilor Lazo stated he had seen the damage done to cemetery stones being knocked over, and he commended Paul Zotos for filming this destruction. Councilor Lazo stated he wanted signs posted throughout the cemetery to keep out recreational vehicles like ATVs and motorcycles.

Councilor Livengood thanked everyone who ever served America in the military, and hoped all would do so on Memorial Day.

Councilor Livengood said the high school had a spring concert, and it was a great show and everyone could watch it on the local cable access channel.

Councilor Ferron said shame on the people who were stealing flowers at Notre Dame Cemetery.

Councilor Ferron stated he wanted the Town Manager to look into whether anyone was using the bucket truck in January, and they should be punished if they did.

Councilor Ferron stated he wanted all the paperwork regarding overtime at the Fire Department, to find out where the money is going.

Agenda Item #29. Discussion of the next meeting date. Councilor Ferron made a motion to have 6/4/07 as the next meeting date, seconded by Councilor Nikolla. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Motion passes.

Agenda Item #30. Adjournment. Councilor Livengood made a motion to adjourn, seconded by Councilor Ferron. Vote by roll call, Councilors in favor: Chernisky, King, Ferron, Langevin, Lazo, Livengood, McDonald, and Nikolla. Motion passes.

The meeting adjourned at 12:15 a.m. on 5/22/07.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, MAY 7, 2007

A meeting of the Southbridge Town Council was held on Monday, May 7, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:02 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Ferron, Livengood, McDonald, and Nikolla. Councilors not present: King, Langevin, Lazo, and Marcucci.

Agenda Item #3. Consider and accept the minutes of the following meetings:

April 23, 2007 Town Council meeting. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by show of hands, 5 to 0 in favor.

April 25, 2007 - Special Town Council. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by show of hands, 5 to 0 in favor.

Agenda Item #4. Subcommittee Reports:

  • Education and Human Services. Councilor Nikolla stated the EHS Subcommittee would be meeting on 5/8/07 at 7 p.m. in the Rice Conference Room, and again on 5/17/07 at 7 p.m. in the McCann room at the Town Hall, for budget issues.

  • Planning and Development. Councilor Livengood stated there was a meeting scheduled for 5/10/07 at 7 p.m. in the Rice Conference Room.

  • Protection of Persons and Property. Councilor Ferron stated there had been a meeting on 4/24/07, and the minutes were available for review at the Town Hall. He stated there would be a budget meeting on 5/15/07, for all the PPP budgets.

  • Town Manager. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairman Chernisky stated Wednesday was Reach Out and Read, a program to encourage kids to read, where adults read to kids.

Chairman Chernisky stated he apologized for recent heated exchanges. He stated he wished he had avoided the incident. He stated he regretted the way he said what he did, but he stood by what he said. He stated he didn't threaten anyone. Chairman Chernisky stated he didn't say he would no longer recognize any citizen. He stated the Town Council has worked to make local government an open process.

Chairman Chernisky stated he felt an additional subcommittee, the Landfill Oversight Subcommittee, was the best way to protect the interest of the citizens in the town. He stated he hoped the subcommittee would be continued by future Town Councils. He stated this board was to work with the Board of Health and the Conservation Commission, and all other entities involved in the operation of the landfill. Chairman Chernisky stated the board should pursue green technologies. He stated Councilor Marcucci will be the first Chair. Chairman Chernisky stated he was looking for Councilors to serve on this subcommittee.

Chairman Chernisky described several ways to place an item on a Town Council Meeting agenda. These included the following:

  • The Chairman can choose to include an agenda item.
  • Any three Councilors can petition for an agenda item.
  • A Subcommittee can vote to send an agenda item.
  • A motion to suspend the rules can be made and approved by a two-thirds vote, to add an agenda item.
  • The public can petition to put an item on the agenda.

In addition to these, Chairman Chernisky stated there is a method for overriding a Chairman's decision on Executive Session minutes.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle stated the FY 2008 budget is on track, and he hoped to have a vote by the end of May to forward to the Department of Revenue. Mr. Carlisle stated the town would probably close out FY 07 with a small surplus.

Mr. Carlisle along with John Hart described the Tri-Epic Program at Harrington Memorial Hospital. Mr. Carlisle stated he had signed a letter of endorsement to recognize this organization in Southbridge, so that particular grants could be qualified for.

Councilor Lazo arrived at 7:20 p.m.

Agenda Item #7. Citizens' Forum

Paul Larkin of Dennison Drive stated building the access road off Worcester Street would increase the likelihood of an Industrial Park in Southbridge. Mr. Larkin stated without approving the proposed new landfill agreement with Casella then taxes would go up.

Kevin Buxton of Elm Street stated there were positives and negatives regarding the proposed new landfill agreement. Mr. Buxton stated he wanted a sealed waste gas cell constructed at the landfill site, and that he wanted to run a nonprofit company to ensure for the correct operation of the landfill. Mr. Buxton stated he wanted Casella to keep 100% of the tipping fee for any material which didn't have to go into the landfill.

Agenda Item #8. Vote that all votes at Town Council meetings be done by roll call. A motion was made by Councilor Livengood, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Ferron. Motion passes.

Agenda Item #9. Chairman Chernisky stated the meeting would skip Agenda Item #9.

Agenda Item #10. Vote to confirm the appointment of Alexander W. Berry as an Auxiliary Police Officer for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #11. Vote to amend the Parking Regulation for the Town of Southbridge with Permit No. P-00127 as follows: That a permit be issued for a "15-minute Parking Only" zone on the easterly side of Pleasant Street beginning at the intersection of River Street, thence northerly two-hundred (200') +/- to a point. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #12. Vote to appropriate the sum of $40,000.00 to purchase and install a Reverse 911 phone system from the sole source vendor Sigma Communications by raising and appropriating the sum of $28,000.00 representing the General Government and School utilization and by appropriating the sum of $4,000.00 each from the three enterprises of Sewer, Water, and Solid Waste Services. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item.

Police Chief Charette explained that with this system every phone in town can be contacted in the event of any need to do so. He stated this phone system, which is used in over 50 other communities in Massachusetts, would allow the town to pinpoint streets or neighborhoods to contact in the event of an emergency. Chief Charette stated this technology package would be useful for many town departments, including the schools and the Town Hall.

Councilor Nikolla asked if a citizen could have their number removed from the system, and Chief Charette stated this could be done.

Councilor Ferron stated the amount tonight was more than talked about at PPP Subcommittee, and Chief Charette stated a cafeteria plan of services had added the ability to check on a wide population of elderly town residents.

Chairman Chernisky asked about the recurring costs, and Chief Charette stated they were about $3,600 a year.

Councilor Lazo asked there this recurring cost would be budgeted, and Mr. Carlisle stated within the centralized phone account.

Agenda Item #12. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #13. Vote to ratify a Goods and Services Agreement between the Town of Southbridge and McKay Johnson Roofing in the amount of $6,875 for repair to the front mansard/dormer roof at the Fire Station. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item.

Councilor Lazo asked why this was not part of the following agenda item. Mr. Carlisle stated this portion of building repair at the fire station, if done first, would allow a better assessment of the amount of work to follow, and also the mansard work would take a lot less time than the remainder of the repair on this historic building. Councilor Ferron stated the mansard work needed to be done now mainly because of the danger of falling slate and debris. Chairman Chernisky asked there the appropriation was coming from, and Mr. Carlisle stated from the Fire Department budget.

Agenda Item #13. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #14. Vote to authorize the Town Manager to proceed with the procurement process for repairing or replacing the roof of the Fire Station and that $350,000.00 is appropriated for repairing or replacing the roof of the Town's Fire Station; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $350,000.00 under chapter 44 of the General laws; that the Town Manager is authorized to contract for and expend any state or federal aid available for the project, provided that the amount of the authorized borrowing shall be reduced by the amount of any such aid received prior to the issuance of bonds or notes under this order; and that the Town Manager is authorized to take any other action necessary to carry out this project.

2/3 Roll Call Vote

A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item.

Chairman Chernisky reminded everyone that this item, as well as #15, #16, #17, and #18 required a two-thirds vote of the entire Council, and as such the least number for approval was 6 votes.

Discussion was held.

Agenda Item #14. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. 6 to 0 in favor, vote passes.

Agenda Item #15. Vote to authorize the Town Manager to proceed with the procurement process to purchase a 1500 GPM Fire Department Pumper Truck and to fund this purchase that $360,000.00 is appropriated for the purpose of financing the purchase of a 1500 GPM Pumper Truck including without limitation all costs to furnish and equip the vehicle and that to meet this appropriation the Treasurer with the approval of the Town manager is authorized to borrow $360,000.00 and issue bonds or notes therefore under Sections 7 and /or 8 of Chapter 44 of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town.

2/3 Roll Call Vote

Discussion was held regarding the amount of $360,000.00 to purchase this apparatus. Councilor Ferron stated a lower priced vehicle had been spoken about in PPP Subcommittee. Fire Chief Laporte stated the amount discussed had been $300,000.00, and hopefully the final purchase price would be even less. Mr. Carlisle stated a motion to amend this item to read '$300,000.00' instead of '$360,000.00' would be appropriate.

Councilor McDonald made a motion to amend Agenda Item #15 by replacing '$360,000.00' where it appears with '$300,000.00,' seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. Motion passes.

Agenda Item #15 (as amended) Vote to authorize the Town Manager to proceed with the procurement process to purchase a 1500 GPM Fire Department Pumper Truck and to fund this purchase that $300,000.00 is appropriated for the purpose of financing the purchase of a 1500 GPM Pumper Truck including without limitation all costs to furnish and equip the vehicle and that to meet this appropriation the Treasurer with the approval of the Town manager is authorized to borrow $300,000.00 and issue bonds or notes therefore under Sections 7 and /or 8 of Chapter 44 of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town.

2/3 Roll Call Vote

A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item.

Discussion was held.

Agenda Item #15 (as amended). Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. 6 to 0 in favor, vote passes.

Agenda Item #16. Vote to authorize the Town Manager to proceed with the procurement process to purchase a Type III Class 1 Ambulance and to fund this purchase that $150,000.00 is appropriated for the purpose of financing the purchase of a Type III Class 1 Ambulance including without limitation all costs to furnish and equip the vehicle and that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $150,000.00 and issue bonds or notes therefore under Sections 7 and/or 8 of Chapter 44 of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town.

2/3 Roll Call Vote

A motion was made by Councilor Nikolla, seconded by Councilor Livengood, to vote this item.

Discussion was held.

Agenda Item #16. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. 6 to 0 in favor, vote passes.

Agenda Item #17. Vote to authorize the Town Manager to proceed with the procurement process to purchase a Fire Alarm Truck/Bucket Truck and to fund this purchase that $75,000.00 is appropriated for the purpose of financing the purchase of a Fire Alarm Truck/Bucket Truck including without limitation all costs to furnish and equip the vehicle and that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $75,000.00 and issue bonds or notes therefore under Sections 7 and/or 8 of Chapter 44 of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town.

2/3 Roll Call Vote

A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item.

Discussion was held. Chief Laporte stated for this amount of money he was hoping to purchase a really good used bucket truck. Councilor Lazo stated he preferred a new one, and Councilor Nikolla asked how much it would be to buy a new bucket truck instead of refurbished. Chief Laporte stated a new one would cost about $91,000.00. Mr. Carlisle recommended to the Council amending this item to reflect an amount of $92,000.00, if it was the wish of the Council to purchase a new bucket truck instead of a used one.

Councilor Nikolla made a motion to amend Agenda Item #17 to appropriate '$92,000.00' instead of the stated '$75,000.00. This motion was seconded by Councilor McDonald. Vote to amend, by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. Vote to amend passes.

Agenda Item #17 (as amended). Vote to authorize the Town Manager to proceed with the procurement process to purchase a Fire Alarm Truck/Bucket Truck and to fund this purchase that $92,000.00 is appropriated for the purpose of financing the purchase of a Fire Alarm Truck/Bucket Truck including without limitation all costs to furnish and equip the vehicle and that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $92,000.00 and issue bonds or notes therefore under Sections 7 and/or 8 of Chapter 44 of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town.

2/3 Roll Call Vote

A motion was made by Councilor Nikolla, seconded by Councilor Livengood, to vote this amended item. Vote by roll call. Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. 6 to 0 in favor, vote passes.

Agenda Item #18. Vote to authorize the Town Manager to proceed with the procurement process to purchase a Brush Truck and to fund this purchase that $120,000.00 is appropriated for the purpose of financing the purchase of a Brush Truck including without limitation all costs to furnish and equip the vehicle and that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $120,000.00 and issue bonds or notes therefore under Sections 7 and/or 8 of Chapter 44 of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town.

2/3 Roll Call Vote

Discussion was held, and Chief Laporte stated he had found a cheaper model for about $80,000.00. Councilor Nikolla made a motion to reduce the amount of '$120,000.00' shown in Agenda Item #18 to '$80,000.00,' seconded by Councilor Livengood. Vote by roll call to amend Agenda Item #18. Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla.

Agenda Item #18 (as amended). Vote to authorize the Town Manager to proceed with the procurement process to purchase a Brush Truck and to fund this purchase that $80,000.00 is appropriated for the purpose of financing the purchase of a Brush Truck including without limitation all costs to furnish and equip the vehicle and that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $80,000.00 and issue bonds or notes therefore under Sections 7 and/or 8 of Chapter 44 of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town.

2/3 Roll Call Vote

A motion was made to vote the above amended item by Councilor McDonald, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Lazo, Livengood, McDonald, and Nikolla. Councilors opposed: Chernisky, Ferron. 4 to 2 in favor, motion fails.

Chairman Chernisky stated this item might be revisited at the end of the budget formulation. Chief Laporte thanked everyone for their deliberations.

Agenda Item #19. Councilors Forum

Councilor Lazo stated he had seen something on TV similar to the process described by Mr. Buxton.

A motion was made by Councilor Lazo, seconded by Councilor McDonald, to suspend the rules and allow Derek Lamica of the Fire Department to speak. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. Motion passes. Mr. Lamica thanked the Councilor for purchasing new fire equipment.

Agenda Item #20. Discussion of next meeting date. Councilor Ferron recommended 5/21/07 as the next meeting date, seconded by Councilor McDonald. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. Motion passes.

A motion was made to adjourn by Councilor Ferron, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, McDonald, and Nikolla. Motion passes. The meeting adjourned at 8:52 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, APRIL 15, 2007

A meeting of the Southbridge Town Council was held on Wednesday, April 25, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:00 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll call. Councilors present: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

Agenda Item #3. Vote that the Town Council hereby authorizes the Town Manager, on behalf of the Town, to enter into an Extension of Agreement for the Operation of the Barefoot Road Sanitary Landfill, and Refuse and Recyclables Collection (the Agreement) with Southbridge Recycling and Disposal Park, Inc. (SRD), as negotiated by the Town Manager and the negotiating teams, pursuant to which Agreement SRD shall operate the landfill, located on the property on Barefoot Road that is described in a deed recorded with the Worcester South District Registry of Deeds in Book 7008, Page 91, in accordance with the terms and conditions set forth in such Agreement, and further to authorize the Town Manager to sign such other documents and to take all related actions as may be necessary or appropriate to effectuate the aforesaid Agreement. A motion was made by Councilor King, seconded by Councilor Langevin, to vote this item.

Councilor Marcucci asked if the Council was willing to sign a 29 year lease with Casella, to support this agreement as written, and was ready to give Casella long-term control over the landfill. Councilor Marcucci stated it was hard to attach a dollar value to quality of life issues for the residents as well. She stated she could not now support this contract. She stated Casella should finish the next nine years of the existing contract, during which time they could prove themselves, and prove they care about the town.

Councilor Lazo stated he was not ready to support an additional 29 years of agreement with the agreement as written. He stated there were no true reopeners in the contract, which disallowed future Councils from revisiting the contract if it goes bad. Councilor Lazo stated the town was in that predicament now with the current contract.

Councilor McDonald stated he was not a supporter of municipal solid waste, and supporting an expansion of this would be a mistake. He stated this is a highly regulated industry becuase it is dangerous. Councilor McDonald stated with the last contract promises were broken, such as soccer fields at the airport. Councilor McDonald stated he wanted to put it in the hands of the people who own the town.

Councilor Langevin stated 30 days ago he was prepared to support the proposed agreement. He stated in the last month the Council had heard from the citizens. Councilor Langevin stated he had visited Casella, and they had done a great job cleaning up the landfill site. Councilor Langevin stated his biggest problem with the contract was the length of it. Councilor Langevin stated there was language in the contract he disagreed with. Councilor Langevin stated the Town Council had been informed by the Town Manager during the process, and there was no 'back door' negotiating. Councilor Langevin stated Attorney Giorgio had done his best in negotiating for the town. Councilor Langevin stated a committee should be formed for the landfill. Councilor Langevin stated he would be voting no tonight, but that the town cannot wait nine years to redo this contract. Councilor Langevin stated the town could not take over the operation of the landfill.

Councilor King said if the Council is not ready, then "shame on us." He stated there were people in the community who had contacted him and were in favor of the contract. He stated the Council would never agree completely to the contract, and now there were many Monday morning quarterbacks. Councilor King stated he would like to see a reopener in the contract.

Councilor Nikolla thanked everyone who came out. She stated the town had decided years ago to get into the landfill business, first with the town itself, who did a terrible job, and then with Wood Recycling, who did not much better, and now with Casella, who has done a much better job operating the landfill. Councilor Nikolla stated the nature of a landfill causes grief regardless of who runs it, and the town has to get past that. Councilor Nikolla stated she would like to see a 10 year reopener. She stated as far as the contract, it was fine. Councilor Nikolla stated this was a fair deal for the town. She stated she has family in town as well, and she would never do anything that she thought would hurt her family. She stated it was difficult for her to read in the paper how the Council was sitting at the dais, trying to destroy the town. Councilor Nikolla stated it would be a mistake to continue with the current contract for nine more years.

Councilor Livengood stated if the town didn't approve this contract it didn't mean the landfill would go away.

Councilor Ferron stated there were only two people at the negotiating table from the town, Town Manager Carlisle and Town Attorney John Giorgio. Councilor Ferron stated the Council was not that well informed, only when it came to specific issues occasionally or with something definitive. Councilor Ferron stated no Councilors and no townspeople were involved in the negotiations. Councilor Ferron stated when he asked to speak to the town's legal counsel Attorney Giorgio asked to speak to the manager first. Councilor Ferron stated the town's attorneys work for the Town Council. Councilor Ferron stated the Council was lied to regarding the urgency of getting approvals to get the electrical service installed off Worcester Street, specifically when this could be done, and the dates given about the houses coming down. Councilor Ferron stated many times getting information was like pulling teeth. Councilor Ferron stated the new Town Charter is supposed to place power with the Town Council, and the Town Council needed to take the town back.

Councilor Ferron stated Casella has been great, that they fixed the DEP issues, paid for the Landfill Monitor position, and have been working on the part of the landfill the town had screwed up, and which had been perpetuated by Wood Recycling. Councilor Ferron stated his only problem with the contract was it was too long. He stated he wanted something in writing regarding a reopener, and if this was done he would be glad to vote for this contract.

The following Southbridge residents spoke: George Chenier, Kevin Buxton, Paul Larkin, John Pulawski, Larry Beinema, and John Gatti.

James Bohlig, the President of Casella Waste Systems, Inc. asked to illuminate some points. He stated it was unrealistic to expect Casella to prove themselves over the next nine years, and that Casella had already worked very hard to prove their intent and another nine years wouldn't change anyone's mind. Mr. Bohlig stated since the reopener appeared to be such a big issue with many Councilors, he would agree to a Section 30.2 - Hard Reopener, structured around the most favored nation clause, meaning if Southbridge identifies any town in Massachusetts which is getting a better deal, then the contract could be reopened for negotation. Mr. Bohig stated this would allow the town to be assured that through the life of the contract the town was actually getting compensated at the top of the overall industry standard. Mr. Bohlig stated this trigger would be based on the total cash payment received divided by the number of tons accepted, and when compared to other towns when Casella's was not at or above this number then there would be an automatic reopener.

Mr. Bohlig stated other than financial considerations, all other issues governing the landfill operation would be adjudicated by the Board of Health and other regulatory entities. Mr. Bohlig stated the town could terminate the contract by finding a fault in the operation of the landfill. Mr. Bohlig stated if Casella is performing to regulatory standard then the only issue left is financial, and the most favored nation status would address that.

Attorney Giorgio encouraged the Council to bite the bullet and come up with something acceptable to a majority of the Council, and he was very concerned about staying in the existing contract.

A discussion was held on the merits of signing this agreement.

Councilor King made a motion to move the question, seconded by Councilor Ferron. Vote by roll call, Councilors in favor: Ferron, King, Langevin, Lazo, and Livengood. Councilors opposed: Chernisky, Marcucci, McDonald, and Nikolla. Motion fails (two-third vote required).

A recess was held between 8:50 p.m. and 9:05 p.m.

Further discussion on the merits was held.

A motion was made to refer the item back to the negotiating team for further discussion, made by Councilor McDonald, seconded by Councilor Langevin. Vote by roll call, Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Livengood, Marcucci, McDonald. Councilors opposed: King, Nikolla. Motion passes.

Chairman Chernisky asked to continue this meeting until 5/21/07. He asked each Councilor to express their concerns to the negotiating team before 5/1/07. Attorney Giorgio stated he would make himself available to all Councilors if they wanted to talk directly with him.

Councilor King made a motion to continue the meeting to 5/21/07, seconded by Councilor Lazo. Vote by show of hands, all in favor. The meeting recessed at 9:40 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, MONDAY, APRIL 23, 2007

A meeting of the Southbridge Town Council was held on Monday, April 23, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:00 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Chairman Chernisky asked for a moment of silence in honor of Gloria Lafleche, whose husband Gabriel is a Citizen Member of the General Government subcommittee.

Agenda Item #2. Roll call. Councilors present: Chernisky, Ferron, King, Livengood, Marcucci, McDonald, and Nikolla. Councilors excused: Langevin, Lazo.

Agenda Item #3. Vote to approve the minutes of the following meetings:

April 9, 2007, regular meeting. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to approve these minutes. Vote by show of hands, all in favor.

April 11, 2007, Council of the Whole meeting. A motion was made by Councilor King, seconded by Councilor McDonald, to approve these minutes. Vote by show of hands, all in favor, 1 abstaining.

Agenda Item #4. Subcommittee reports:

  • General Government. Councilor King said there would be a meeting on 5/2/07 at 7 p.m. in the Rice Conference Room.
  • Education and Human Services. Councilor Nikolla said a meeting would be coming soon to talk about budget items.
  • Planning and Development. Councilor Livengood read the minutes from 4/5/07, and stated the next meeting would be held on 5/10/07 instead of 5/3/07.
  • Protection of Persons and Property. Councilor Ferron stated there was a meeting on 4/24/07 at 7 p.m. in the Rice Conference Room.
  • Town Manager. Councilor McDonald said there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairman Chernisky stated he would be setting up an additional subcommittee for oversight of the town's landfill, and any interested citizen should contact him about serving as a Citizen Member of this subcommittee.

Agenda Item #6. Town Manager's Announcements

Town Manager Carlisle stated the curbside collection of leaves would continue until 5/4/07. Mr. Carlisle stated also the Southbridge Tire dropoff site was seeing a lot of use as well, and all were invited to continue to use this facility to drop off yard waste.

Mr. Carlisle stated an indirect cost study was currently underway to look at the General Fund, and would be done within 30 days.

Mr. Carlisle stated the Town Treasurer said the Town could move ahead with the tax title auction on two parcels of land on Hillcrest Avenue, the first of which is about 12,000 square feet, and the other a lot of about 22,500 square feet. Mr. Carlisle stated future auctions would take place for parcels on Ellis Road, on Grace Lane, and on Dennison Lane.

Agenda Item #7. Citizens' Forum

George Chenier of Pleasant Street stated he would not be returning his papers to run for Town Council, as he did not want to subject his family to ridicule from the local newspaper. He stated scare tactics were being used to stonewall the proposed landfill agreement.

Paul Larkin of Dennison Drive read a statement regarding the contract situation with Casella, and he felt Casella would be turning the landfill into an asset for the town. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to allow Mr. Larkin an additional five minutes to speak. Vote by show of hands, all in favor. Mr. Larkin continued to speak about the contract.

Howard Hall of Hamilton Street stated he wanted a crosswalk on Hook and Foster Streets, and Chairman Chernisky stated he would ask the Police Department and the DPW to look into this.

Kevin Buxton of Elm Street asked about the street sweeping operation. He stated next year he wanted people notified of their requirement to sweep their own sidewalks of road salt and other debris. A motion was made by Councilor King, seconded by Councilor Ferron, to allow Mr. Buxton an additional five minutes to speak. Vote by show of hands, all in favor. Mr. Buxton asked about cleanup in the town, and stated he wanted recycling receptacles downtown.

Larry Beinema of Dennison Hill Road stated he was surprised to learn Councilors had no input into the proposed agreement with Casella. Mr. Beinema commended the Chairman for wanting to establish a landfill oversight committee. Mr. Beinema stated he was disappointed no economic analysis had been done on Casella before coming up with a proposed agreement.

Clayton Carlisle of Dresser Street stated the Town Council had given the negotiating team interim direction regarding the proposed contract.

Stanley Choinski of Clarke Street stated the landfill was a health issue, and he hoped Councilors didn't vote for anything just based on the money.

John Gatti of Briarwood Ave stated the issue with the landfill agreement should go back to subcommittee for discussion about a proper economic analysis. He stated if Southbridge is to become a trash and garbage town, then the town should get as much money as possible. Mr. Gatti stated if this could be delayed then perhaps an initiative petition could be put together.

Agenda Item #8. Councilors' Forum

Councilor Livengood stated when he tabled the vote on the contract for 30 days, he did this in response to his feeling that people needed more time to consider the contract. Councilor Livengood stated he thought he was helping the town, but he had heard nothing new and he was ready to vote for the agreement.

Councilor Livengood asked everyone to watch out for children with the coming spring weather.

Councilor Marcucci stated over the weekend over 30 headstones had been toppled at the Oak Ridge Cemetery. She stated all those responsible should be prosecuted if they are caught, and part of their punishment should be to explain to every single member of those deceased whose stones had been toppled why this had been done.

Councilor McDonald stated he wanted to have a subcommittee to discuss what to do about the trash barrels blowing in the streets.

Councilor McDonald stated the VFW Post #6055 would be holding the 61st annual banquet at the Everett Street facility, and reservations could be made by calling 508-764-8434, or 764-3014.

Councilor Ferron stated the minutes for the airport commission meeting contained some indication of expanding the runway, and he wondered if this would be impacted by the plans for an industrial park at the site. Mr. Carlisle stated the extension of the runway to 4000 feet had been configured in planning earlier.

Councilor Ferron asked about the cost of healthcare, and Mr. Carlisle stated with the cooperation of all the unions, Blue Cross would lower their rate, if the Town made Blue Cross the only provider of insurance and got rid of Fallon. Mr. Carlisle stated this discussion was being held with the Insurance Advisory Committee.

Chairman Chernisky stated there would be a festival in Southbridge on 6/9/07, being put on by the Town of Southbridge, the Downtown Partnership, and the Chamber of Commerce. Chairman Chernisky stated the goal was to have a cultural theme, and anyone who could speak in a native tongue and help with this festival should contact Sue Pelletier at Scentimentals on Main Street in Southbridge.

Chairman Chernisky stated Mr. Gatti has asked the Council to delay the contract in the past, and each time this delay has happened. Chairman Chernisky stated for Mr. Gatti to imply that Chairman Chernisky is being underhanded or is tricking people, this is wrong and disrespectful.

Agenda Item #9. Next meeting date. Councilor Ferron recommended 5/7/07 as the next meeting date, seconded by Councilor King. Vote by show of hands, all in favor.

A motion was made to adjourn by Councilor Ferron, seconded by Councilor Marcucci. Vote by show of hands, all in favor. The meeting adjourned at 8:16 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, APRIL 11, 2007

A meeting of the Town Council of the Whole was held on Wednesday, April 11, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:03 p.m.

Councilor Chernisky led the assembled in reciting the Pledge of Allegiance.

Roll Call, Councilors present: Chernisky, Ferron, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors excused: King, Langevin.

Chairman Chernisky stated tonight's meeting was designed to be a roundtable discussion, less formal, and he called for everyone to honor respect and decorum.

The assembled board included John Schwalbe and Jim Bohlig of Casella, Attorney John Giorgio of the Town's law firm of Kopelman and Paige; Town Manager Carlisle; Landfill Monitor Anna Smith; the Town Councilors named above; and many citizens of Southbridge

The following were among the topics discussed and clarified.

Attorney Giorgio stated regarding the four 5-year extensions in the current contract, there had been quite a bit of discussion on this during negotiations, and it was a point of contention between the Town and Casella about whether or not Casella could be denied these extensions. Attorney Giorgio stated the total maximum amount of any landfill contract, as determined by the Department of Environmental Protection, was 40 years. Attorney Giorgio stated the current contract had been in effect for 11 years, which meant the total remaining time which any contracdt could last would be 29 more years. Attorney Giorgio stated any new agreement would supersede any renewal and would grant the operator this much additional time to run the landfill.

Regarding closure and post closure costs, Attorney Giorgio stated as part of this agreement Casella would be responsible for all closure and post closure costs, and would be required to abide by any DEP regulations that may exist at the time of this closure.

Attorney Giorgio stated the effective date of the contract would be after all the required approvals were secured, including Board of Health approvals and other required permitting from the Department of Environmental Protection for the additional capacity. Attorney Giorgio stated in return for increasing the capacity at the landfill and allowing for a shift towards municipal solid waste (MSW) type of landfill, the Town would receive as a benefit that Casella would take over responsibility for the financial assurance mechanism (FAM), which provided for closure and post closure costs, and that also the landfill operator would provide a corporate guarantee in the form of a bond to assure compliance with Casella's obligations under this new agreement. Attorney Giorgio stated the entire philosophy behind this landfill is that Casella receives a higher benefit, but Casella takes over all the risk associated with closure and post closure costs, as well as market risks associated with running the landfill. Attorney Giorgio stated nothing in the agreement takes away the regulatory authority of the Board of Health.

Regarding the generation of landfill methane, Bruce Haskell of Camp, Dresser, and McKee, who are the Town's consulting engineers regarding the landfill, stated the methane would continue to generate electricity well beyond the life of the landfill, and the town would continue to get $150,000 a year in a straight payment for the use of this methane for as long as electricity was generated. Mr. Haskell stated this $150,000 a year was a best estimate of about 10% of the gross revenue generated with this electric conversion operation, and CDM had looked at this and found this to be a reasonable payment.

Regarding the limit of 7000 residents in Southbridge eligible for curbside pickup under the new agreement, Mr. Carlisle stated the number is currently between 6200 and 6300, and this 7000 was the estimate that took into account projected growth over the next 20 yeas in the town.

Regarding the total capacity at the landfill, Mr. John Schwalbe of Casella stated the current contract allowed around 499,000 tons a year of total amount of trash, and the new proposed agreement changed the allocation such that a much larger amount of MSW would be allowed (about 405,000 tons a year).

Regarding the 2.5% cap on the consumer price index, which was the most the per ton amount could be adjusted up or down each year, many people felt the Town could do better than this for a deal by taking the chance the charge per ton of accepted debris into the landfill would go up more than 2.5% each year.

Questions regarding leachate produced at the landfill were raised, and specifically the Town's new requirement to accept this leachate at the wastewater treatment facility. According to Mr. Haskell, the landfill operator would be required to pretreat this leachate to meet the requirements of the wastewater treatment facility. According to the landfill operator, the amount of leachate would actually be going down in the future, even with the increased amount of MSW arriving at the landfill.

The benefit to having the industrial park established at the site was discussed, particularly how having the landfill at the site would provide the infrastructure to develop the many other acres at the site into a bona fide industrial park, for the town's overall betterment.

John Gatti of Southbridge stated it was a mistake not to have a reopener in the contract. It was described that anyone who wanted financial information on Casella could acquire this, as Casella is a public company.

A recess was held at 8:55 p.m., and the meeting resumed at 9:08 p.m.

It was mentioned that the reason Wood Recycling was asked into the town in 1996 was because the Town had done such a poor job of running the landfill itself. It was also stated Wood Recycling's operation of the landfill left much to be desired. Mr. Chenier of Southbridge stated if the Town did not do this deal with Casella, then the Town would not be able to afford the closure and post closure costs.

Attorney Giorgio stated without the original agreement the Town would have been in a better bargaining position this time around, but even so the Town was making a good deal with this proposed agreement.

A question was asked about the construction of the access road off Worcester Street, and Attorney Giorgio stated the Town would bond for this as a public construction project, and Casella would essentially make the payment on this bond for a 20 year period.

Henry Simonelli asked if any other contractor would be willing to pay more for this asset, and the Town should get more information about anyone else who might be willing to bid this asset. Discussion was further held about the desire to hold out for additional revenue with this new agreement, and the desire to monitor everything going into the landfill.

Chairman Chernisky stated there would be an open house at the landfill the following Saturday for anyone interested in seeing the facility. Chairman Chernisky stated he intended to establish a landfill oversight committee for the Town of Southbridge.

A motion to adjourn was made by Councilor Nikolla, seconded by Councilor Lazo. Vote by show of hands, all in favor. The meeting adjourned at 10:45 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, APRIL 9, 2007

A meeting of the Southbridge Town Council was held on Monday, April 9, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:02 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

Agenda Item #3. Consider and accept the minutes of the following meetings:

  • March 26, 2007. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, all in favor.
  • April 3, 2007 with the Charlton Board of Selectmen. A motion was made by Councilor Marcucci, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, 4 in favor, 5 abstaining, motion passes.

Agenda Item #4. Subcommittee Reports:

  • a. General Government. Councilor King read the minutes of the 3/28/07 meeting.
  • b. Department of Public Works. Councilor Lazo read the minutes of the 4/4/07 meeting.
  • c. Education and Human Services. Councilor Nikolla stated there were no minutes to read and no meeting was scheduled.
  • d. Planning and Development. Councilor Livengood stated a meeting had been held on 4/5/07, and the minutes were not yet ready.
  • e. Protection of Persons and Property. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.
  • f. Town Manager. Councilor McDonald read the minutes of the 4/2/07 meeting.

Agenda Item #5. Chairman's Announcements

Chairman Chernisky reminded the public about the 4/11/07 Council of the Whole meeting to discuss the landfill contract. He stated anyone who wanted would be allowed to speak at that meeting. He stated on tonight's agenda there was no item about the landfill contract, so if anyone wanted to speak about it tonight they should do so at Citizens' Forum.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle stated the curbside pickup of yard waste had begun and would run until 5/4/07. He stated the yard debris dropoff at Southbridge Tire was now back in business, from 7 a.m. to 5 p.m. Monday through Friday, and from 7 a.m. to noon on Saturday.

Mr. Carlisle stated a pilot program was being put in place for Legion's Field at the Oak Ridge Cemetery, to allow for plants at gravesites in this area of the cemetery.

Mr. Carlisle made a statement regarding the proposed FY08 town budget. He stated the draft of this budget was now complete, was available in the Town Clerk's office for review, including the general operating account, the capital budget, as well as the three enterprise accounts. In addition, Mr. Carlisle stated there would be an additional enterprise account, the Site Maintenance Enterprise Account, which would be used to clear town-owned land and converting any profit to recreational uses, such as town field maintenance. Mr. Carlisle stated this Enterprise Account would be self funded.

Mr. Carlisle stated he hoped for the final votes on all Town budgets by mid to late May, and he encouraged the Chair of each subcommittee to schedule meetings for approval of the budget.

Mr. Carlisle stated regarding this year's budget, it appeared the Town would be able to continue to provide the same full service activities as in year's past, and with this budget the Town may also be able to return some positions to the schools.

Mr. Carlisle stated this FY08 budget will be the third year the Town has worked under the restrictions of Chapter 475 of the Acts of 2004. Mr. Carlisle stated the Town of Southbridge was looking at increases in pension costs and health care, and this problem was being faced by all towns in the State. Mr. Carlisle stated Southbridge was in a unique position in that our budget is balanced already, and the Town has eight months to improve the picture even more. Mr. Carlisle stated the Town could conceivably be looking at a 0% tax increase for next year.

Mr. Carlisle stated Southbridge was currently about 40th from the bottom in the State for average single family tax rate, at about $2,340 a year. Mr. Carlisle stated changes in health coverage for the Town, and also a potential change in Chapter 70 funds, could equal an additional $187,000 in funds for the Town.

Mr. Carlisle stated discussion needed to take place with the School side about their proposed $500,000 increase in their budget.

Mr. Carlisle stated there were some small pieces in the budget, including about $100,000 in small projects for drainage issues. Also, there was about $100,000 to convert town heating systems to accept oil or gas, so the town could choose the cheapest source of fuel in the future.

Mr. Carlisle stated Karen Loin, the new revenue development person working for the town, would help get more money for the town.

Agenda Item #7. Citizens' Forum

Jason Morse, Ruby Jones, and Laura Bonadies, all of separate addresses on Guelphwood Road, spoke about their concerns regarding the sewer betterment they were being made to buy into on Guelphwood Road. Chairman Chernisky said the town could notify all the abutters and schedule a meeting with the DPW.

John Pulawski of Jennison Street stated the solid waste contract is the most important asset in the town, but there is no commission to govern this. Mr. Pulawski stated everyone is intimidated to come speak at Council meetings, and is afraid of being publicly humiliated. Mr. Pulawski stated he felt councilors should be compensated. Mr. Pulawski stated he didn't feel welcome when he came into the Town Manager's office to get information.

Kevin Buxton of Elm Street stated he would like to see more youth involvement in town government. Mr. Buxton asked if there would be any minutes of the next meeting with Charlton over the use of the landfill, and Chairman Chernisky stated as it was not a formal meeting, there would be no clerk there. Mr. Buxton stated there should be a recycling committee in town.

Larry Beinema of Dennison Hill Road asked about the envelope which Casella had provided to Councilor Lazo. Chairman Chernisky stated this envelope contained answers to questions which had been posed, and Councilor Lazo stated he would make the envelope available to Mr. Beinema.

Agenda Item #8. Vote to ratify the Goods and Services Agreement with Dan Amorello Services, Inc. for the rental off a street sweeper in the amount of $75.00 per hour. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Chairman Chernisky asked if there was a maximum number of hours for this rental, and Mr. Carlisle stated hopefully this rental would be for four weeks. Councilor Lazo stated this particular contractor had been good in the past, and with this contract the Town was allowed to provide its own driver for the apparatus. Councilor Ferron stated it might be a good idea to put off street sweeping until after the predicted storm coming. Vote by show of hands, 9 to 0 in favor, vote passes.

Agenda Item #9. Vote to ratify the Goods and Services Agreement with Three D Enterprises, Inc. for building supplies and miscellaneous metal fabricating in an amount not to exceed $10,000.00. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 9 to 0 in favor, vote passes.

Chairman Chernisky called for a recess at 8:09 p.m. The meeting resumed at 8:17 p.m.

Chairman Chernisky stated the attorney's opinion regarding taking roll call votes had yet to be considered in subcommittee, but the rest of tonight's votes would be done by roll call until the Council could determine its preference.

Agenda Item #10. Vote to authorize the Town Manager to sign the Housing Development Support Program Affordable Rental Restriction for three of the new rental units at the Cannery at 12 Crane Street. A motion was made to vote this item by Councilor Lazo, seconded by Councilor Ferron. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #11. Vote to support a CDBG façade improvement project for the Pump House at 338-340 Main Street. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Agenda Item #12. Vote to support a CDBG façade improvement project for Scales, Tails, and Feathers at 32 Central Street. A motion was made by Councilor Langevin, seconded by Councilor McDonald, to vote this item. Chairman Chernisky asked if there had just been a sign at this property, and Mrs. Acly stated yes, and the business had gone under, but according to the terms of this grant the recipient of this sign still had to reimburse the cost of this sign, within a five year term. Mrs. Acly stated a forgiveness plan for this event had been broached, including a public hearing where no one showed up, and there might be another meeting to determine interest. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Agenda Item #13. Vote to support a CDBG façade improvement project for Daisy's Used Furniture at 36 Hamilton Street. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #14. Vote to amend the current contract with Town Manager Clayton R. Carlisle Section II. Term as follows: This Agreement shall become effective July 29, 2006, and shall be in full force and effect until December 31, 2008. This Agreement shall be for a term of two years and five months, subject to Section XIV. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Agenda Item #15. Vote to amend the current contract with Town Manager Clayton R. Carlisle Section IV. Salary as follows:

  • a. The Town agrees to pay the Town Manager for services rendered under this Agreement, an annual base salary of $111,405.00, subject to applicable withholdings and deductions, effective July 9, 2006, and continuing through July 28, 2007, payable in installments at the same time as other employees of the Town are paid.
  • b. The Town agrees to pay the Town Manager for services rendered under this Agreement for the period July 29, 2007 through July 28, 2008 a 3% increase for an annual base salary of $114,747.00, subject to applicable withholdings and deductions, payable in installments at the same time as other employees of the Town are paid.
  • c. The Town agrees to pay the Town Manager for services rendered under this Agreement for the period July 29, 2008 through December 31, 2008 a 4% increase for an annual base salary of $119,337.00, subject to applicable withholdings and deductions, payable in installments at the same time as other employees of the Town are paid.

A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item.

Councilor Lazo stated because the Town had hired an assistant to the Town Manager, he would not vote for approval of the above amounts. Councilor Livengood said the amounts named were fair for the experience Mr. Carlisle brings to the job.

Agenda Item #15. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Lazo. Vote passes.

Agenda Item #16. Vote that the Town Council sets the amount of the stipend for Town Councilors as allowed by Section 2-3-1 of the Southbridge Home Rule Charter. A motion was made by Councilor Marcucci, seconded by Councilor Ferron, to vote this item.

Councilor Langevin made a motion to amend this amount to $2,000 a year, and to accept this amount, seconded by Councilor Ferron.

Councilor Langevin said many communities receive this stipend, and there is a lot of work associated with being on the Southbridge Town Council. Further discussion was held.

Agenda Item #16, Vote to accept the amount of $2,000 as the yearly stipend for Town Council and the School Committee, as allowed in the Southbridge Town Charter. Councilors in favor: Chernisky, Ferron, King, Langevin, and Lazo. Councilors opposed: Livengood, Marcucci, McDonald, and Nikolla. Motion passes by a 5 to 4 margin.

Agenda Item #17. Councilors' Forum

Councilor Lazo asked the Town Manager for an update on the Langevin property and their drainage problems, and the Town Manager stated the Langevin's attorney had returned a week ago and was now again beginning to work on this.

Councilor Lazo asked about the lawsuit recently filed by a Town firefighter. Mr. Carlisle stated it was in mediation with the Town's insurance company. Mr. Carlisle stated the Town is not a party to the settlement.

Councilor Livengood stated regarding a town cleanup, it was too late to organize anything for this spring, but he felt everyone should police their own yards and properties. Councilor Langevin stated one of the biggest problems with town cleanliness is absentee landlords.

Councilor Ferron stated he had learned the town had begun street sweeping, and he hoped the upcoming snow didn't cause a setback in this effort.

Councilor Ferron invited anyone with questions about the Casella contract to be at the Wednesday meeting.

Agenda Item #18. Discussion of the next meeting date. Councilor Ferron recommended 4/23/07 as the next regular meeting date, seconded by Councilor Lazo. Vote by show of hands, all in favor.

Councilor King made a motion to adjourn, seconded by Councilor Livengood. Vote by show of hands, all in favor. The meeting adjourned at 8:50 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


JOINT MEETING OF THE TOWN OF SOUTHBRIDGE AND THE TOWN OF CHARLTON, REGARDING THE USE OF THE SOUTHBRIDGE LANDFILL

A joint meeting of the Town of Southbridge and the Town of Charlton was held on April 3, 2007, in the Senior Center within the administrative building in the Town of Charlton. In attendance from the Town of Southbridge were Town Councilors Chernisky, Ferron, Marcucci, and Nikolla, Town Manager Carlisle, Town Attorney Giorgio, and Landfill Monitor Anna Smith. In attendance from the Town of Charlton were Town Administrator Robin Craver, and Selectmen Boria, Swensen, Brown, Bacon, and Walker, as well as Attorney Bob Cox. Also in attendance were citizens of Southbridge and Charlton. The meeting started at 7:05 p.m.

Peter Boria stated there was an Article voted by the Town Meeting in Charlton in 1992, whereas land was swapped between Charlton and Southbridge, and as part of this vote, Charlton retained the use of this swapped land for use as a landfill, if the land were ever used as a landfill.

Attorney Giorgio stated research done by Southbridge had shown that the parties to this deal had contemplated an arrangement where both parties would get together and discuss a mutually agreeable situation, but this did not occur. Attorney Giorgio stated Casella had indicated to him that they would be willing to sit with the Town of Charlton to discuss the use of the landfill. Attorney Giorgio stated anything to be gained by Charlton regarding the Southbridge landfill would only be done at the behest of Casella.

Mr. Boria stated the article voted at the town meeting in Charlton in 1992 intended Charlton to discuss this matter with the Southbridge town manager. Attorney Giorgio stated the time to raise this issue, even if it were valid, would have been in 1996, when Wood Recycling began its relationship with Southbridge. Councilor Marcucci asked Mr. Boria what Charlton wanted, and Mr. Boria stated they were not sure yet.

Attorney Giorgio described the addendum J to the proposed contract between Casella and the Town of Southbridge, which had been added since the Charlton had indicated they may have some rights to the Southbridge landfill. Mr. Carlisle stated the Town of Southbridge had incurred a big expense in getting the landfill started.

Attorney Cox representing Charlton stated he had no problem with Casella being part of the negotiations between Southbridge and Charlton. Chairman Chernisky stated the Town Manager and the Town's Attorney could represent Southbridge, and Attorney Cox agreed a delegation could represent Charlton. A date of 4/11/07 in Southbridge was agreed upon to meet next, at 5 p.m. The meeting ended at 8:06 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, MARCH 26, 2007

A meeting of the Southbridge Town Council was held on Monday, March 26, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:05 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

Agenda Item #3. Consider and accept the minutes of March 12, 2007. A motion was made by Councilor Lazo, seconded by Councilor King, to accept these minutes. Vote by show of hands, 9 to 0 in favor.

Agenda Item #4. Vote to amend the minutes of February 26, 2007, approved on March 12, 2007, to accurately reflect the Town Council's ratification of the contract between Barrows Contracting Inc. and the Town of Southbridge by changing the dollar value of the contract from $3,172.00 to $13,172.00 being a correct amount so voted. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #5. Subcommittee reports:

  • a. General Government. Councilor King read the minutes of the 3/28/07 meeting.
  • b. Department of Public Works. Councilor Lazo stated there was a meeting scheduled for 4/4/07.
  • c. Education and Human Services. Councilor Nikolla read the minutes from the 3/21/07 meeting.
  • d. Planning and Development. Councilor Livengood stated there was a meeting scheduled for 4/5/07.
  • e. Protection of Persons and Property. Councilor Ferron read the minutes from the 3/20/07 meeting.
  • f. Town Manager. Councilor McDonald read the minutes of the 3/19/07 meeting, and stated there was a meeting scheduled for 4/2/07.

Agenda Item #6. Chairman's Announcements

Chairman Chernisky stated he hoped for proper decorum at tonight's meeting, and reminded all of the five minute limit on speaking on an issue.

Agenda Item #7. Town Manager Announcements

Town Manager Carlisle stated Margaret Morrissey of the Town Library was visiting the National Archives of the Country of Senegal, specifically the archives at the University of Dakar, and the town would be issuing a proclamation with fraternal greetings from Southbridge.

Mr. Carlisle stated that one of the fire trucks malfunctioned just prior to the fire last week on Charlton Street, and as such he had asked the Fire Chief to procure a quote on a stripped down pumper engine, which would cost around $300,000. He stated he would bring this before the Council when he knew more.

Mr. Carlisle stated the leaf and yard waste recycling facility would be reopening on 3/31/07, on Dresser Hill Road. Mr. Carlisle stated the landfill hazardous waste day would be on 3/31/07 as well, from 9 a.m. until noon.

Mr. Carlisle stated tomorrow there would be hydrant flushing on Chestnut Street, and this was the beginning of the annual hydrant flushing, and people would be notified of the others as this information became available.

Agenda Item #8. Citizens' Forum

Howard Hall of Hamilton street stated on his walk to where he works the sidewalks are in disrepair. Chairman Chernisky stated he would come see this personally.

Alice Martini of Sturbridge presented to speak. Councilor McDonald made a motion, seconded by Councilor Lazo, to allow a non resident to speak. Vote by show of hands, all in favor. Mrs. Martini stated she wanted the cemetery policy changed to allow flowers to be placed throughout the cemetery. Councilor Lazo stated there was a DPW Subcommittee meeting on 4/4/07, and anyone who wanted to attend could attend, to talk about this issue.

Vanessa Brindle of Cohasse Street stated she thought it was callous that the Town would mow over any displays left at gravesites in Legion Field at the Town's cemetery.

Donald Croke of Harding Court stated the Town should have a battery recycling center in the town to help keep these items out of the landfill.

Kevin Buxton of Elm Street stated it was concerning that citizens would be afraid to speak out on a subject. Councilor Nikolla stated Councilors do care about input from citizens, and if someone cared enough about an issue they should speak about it. Councilor King stated there was too much negativity in the paper, and if anyone was intimidated by the prospect of speaking in public, they should call him at home.

Diane Pion of Worcester Street stated there were many good things in town, including the Rez, the good teachers, and that the Soundoff section of the local paper was for positive things as well as negative things.

Agenda Item #9. Vote that it is resolved that the Southbridge Town Council support the Southbridge Little League concept of installation of a concession stand at McCann Field. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Chairman Chernisky stated he had spoken to many involved this weekend, and hopefully this could be done quickly. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #10. Vote to confirm the Town Manager's appointment of Jason M. Bonadies as a permanent full-time Police Officer for the Town of Southbridge for an indefinite term. A motion was made by Councilor Livengood, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #11. Vote to confirm the Town Manager's appointment of Eliesett Rodriguez as a permanent full-time Police Officer for the Town of Southbridge for an indefinite term. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #12. Vote to reappoint Ronald Daoust to the General Government Subcommittee of the Town, for a term to expire June 30, 2007. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Councilor Ferron made a motion to vote all the upcoming appointments as one vote. Councilor Lazo stated he wanted a meeting on the appointment named in Agenda Item #17 as a separate item. Councilor Ferron withdrew his motion, and motioned to vote all at once Agenda Items #13 through #16, and #18 through #22, seconded by Councilor Langevin. Vote by show of hands, 9 to 0 in favor.

Councilor Lazo made a motion to vote for approval Agenda Items #13 through #16 and #18 through #22, seconded by Councilor King (as above). Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #17. Vote to reappoint Susan Congdon to the Education and Human Service Subcommittee of the Town, for a term to expire June 30, 2007. A motion was made to table this item by Councilor Lazo, seconded by Councilor Marcucci. Vote to table by roll call, Councilors in favor: Chernisky, Ferron, King, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Langevin. Motion passes.

Agenda Item #23. Vote to proclaim March 27, 2007 through April 27, 2007 as Motorcycle Safety and Awareness Period in the Town of Southbridge. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #24. Vote that we execute a Confirmatory and Amended Notice of Non-Exercise of Option to confirm that it was our intention when we declined to exercise the Town's option to purchase Lots 3 through 7, 9 through 12, and 14 through 21 in the Graywood Estates subdivision, to include the fee in the roadway known as Harwood Farm Road as shown on the subdivision plan.

Mike Loin of Southbridge stated this vote would be made correct if wording that included 'Parcel A' was added to the above item, and Mr. Carlisle stated he agreed with that. Councilor McDonald made a motion to amend Agenda Item #24, seconded by Councilor Ferron, to include 'Parcel A' in the text, as follows: Vote that we execute a Confirmatory and Amended Notice of Non-Exercise of Option to confirm that it was our intention when we declined to exercise the Town's option to purchase Lots 3 through 7, 9 through 12, and 14 through 21 and Parcel A in the Graywood Estates subdivision, to include the fee in the roadway known as Harwood Farm Road as shown on the subdivision plan. Vote to amend Agenda Item #24, by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion to amend passes.

Agenda Item #24 (as amended) Vote that we execute a Confirmatory and Amended Notice of Non-Exercise of Option to confirm that it was our intention when we declined to exercise the Town's option to purchase Lots 3 through 7, 9 through 12, and 14 through 21 and Parcel A in the Graywood Estates subdivision, to include the fee in the roadway known as Harwood Farm Road as shown on the subdivision plan. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this amended item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #25. Vote that the Town Council hereby authorizes the Town Manager, on behalf of the Town, to enter into an Extension of Agreement for the Operation of the Barefoot Road Sanitary Landfill, and Refuse and Recyclables Collection (the Agreement) with Southbridge Recycling and Disposal Park, Inc. (SRD), as negotiated by the Town Manager and the negotiating teams, pursuant to which Agreement SRD shall operate the landfill, located on the property on Barefoot Road that is described in a deed recorded with the Worcester South District Registry of Deeds in book 7008, Page 91, in accordance with the terms and conditions set forth in such Agreement, and further to authorize the Town Manager to sign such other documents and to take all related actions as may be necessary or appropriate to effectuate the aforesaid Agreement. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item.

Councilor Marcucci stated she wasn't ready to vote on this, and she made a motion to table this item, seconded by Councilor McDonald. Chairman Chernisky stated if this was voted to table now, then no one in the audience would be able to comment on this item. Councilor Marcucci withdrew her motion, and Councilor McDonald withdrew his second.

Councilor Lazo stated he had received an envelope from Casella over the weekend. He stated he wasn't ready to vote this item. Councilor McDonald stated there were areas within the proposed agreement he was concerned with, and he was not ready to vote.

Councilor Livengood stated the local news should print the contract so the people could understand what it is. He stated the local papers were printing half truths and outright lies. Councilor Livengood made a motion to table this item for 30 days, seconded by Councilor McDonald. Vote by roll call, Councilors in favor: Langevin, Lazo, Livengood, Marcucci, and McDonald. Councilors opposed: Chernisky, Ferron, King, and Nikolla. Motion passes.

Agenda Item #26. Councilors' forum

Councilor Lazo commended the Fire Department and the Police Department for effectively dealing with the fire on Charlton Street, saying the Fire Department was second to none, and even saved the pets in this devastating fire.

Councilor Livengood stated on 3/27 approximately 40 students at Southbridge High School were inducted into the National Honor Society. He stated this honor recognized the students and their parents, and the teachers, for their hard work.

Councilor Nikolla stated the broadcast of the public discussion on the landfill contract was not understandable by the viewers at home, and she hoped something could be done to make this broadcast clearer to the viewers.

Councilor Marcucci asked if tabling the contract vote for 30 days meant there would be a meeting prior to this, and Chairman Chernisky stated there would be a Council of the Whole meeting in the interim time, to talk about this issue.

Councilor Ferron stated regardless of what happened with the contract, the citizens of town would still need trash pickup. He stated the agreement with Casella needed to be resolved for the benefit of everyone.

Councilor King stated the Town could triple their income from the landfill operation by signing this deal.

Agenda Item #27. Discussion of the next meeting date. Councilor Ferron recommended 4/9/07 as the next meeting date, seconded by Councilor Nikolla. Vote by show of hands, all in favor.

A motion was made to adjourn by Councilor King, seconded by Councilor Lazo. Vote by show of hands, all in favor. The meeting adjourned at 8:10 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, MARCH 12, 2007

A meeting of the Southbridge Town Council was held on Monday, March 12, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:06 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

Agenda Item #3. Consider and accept the following minutes:

February 26, 2007 Town Council Meeting. A motion was made to accept these minutes by Councilor King, seconded by Councilor Livengood. Vote by roll call -- Councilors in favor: Ferron, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors abstaining: Chernisky, King, and Marcucci. Motion passes.

March 6, 2007 Town Council Public Hearing. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by roll call -- Councilors in favor: Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors abstaining: Chernisky and Marcucci. Motion passes.

Agenda Item #4. Subcommittee Reports:

  • General Government - Councilor King read the minutes of the 2/28/07 meeting.
  • Department of Public Works - Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
  • Education and Human Services - Councilor Nikolla stated there would be a meeting on 3/21/07, at 7 p.m. at the Town Armory.
  • Planning and Development - Councilor Livengood read the minutes of the 3/1/07 meeting.
  • Protection of Persons and Property - Councilor Ferron read the minutes of the 2/27/07 meeting.
  • Town Manager - Councilor McDonald stated there would be a meeting on 3/19/07 at 7 p.m. in the Rice Conference Room.

Agenda Item #5. Chairman's Announcements

Chairman Chernisky stated the Town had received an opinion from the Town's attorneys, which clarified whether Southbridge is liable to Charlton regarding the landfill, and the agreement in 1992 with respect to 'Dick Tracy's nose,' the parcel of land on the border between the towns. Chairman Chernisky stated even though Southbridge was not liable to Charlton for any services of the landfill, he would still like to meet with Charlton regarding their concerns, in the manner of a good neighbor. Chairman Chernisky stated he wanted the Town Manager to contact the Town Administrator in Charlton to set this up, prior to the vote in two weeks.

Agenda Item #6. Town Manager Announcements

Mr. Carlisle stated the budget for snow and ice as had been reported to him was currently around $77,000 over budget. Mr. Carlisle stated this was expected, as each year the State allows the town to under fund this account intentionally and capture the difference at the time of setting the tax recap, because of the unpredictability of the need for snow removal. Mr. Carlisle stated in the past there were histories of $250,000 and $350,000 over-expended from this account.

Mr. Carlisle stated the next hazardous waste day at the landfill was on 3/31/07, and information was available at the Town Hall. Mr. Carlisle stated this was the first of four this year.

Agenda Item #7. Citizens' Forum

Kevin Buxton of Elm Street asked about the flyers and periodicals being tossed on people's yards, and he wanted the town to control it. Mr. Buxton stated also that in the past he had been a member of the Southbridge Historical Commission, and he hoped that when the Fire Department could one day move into a new building, that the old building be preserved as a historical building. He stated it was unfortunate the old police station had been taken down, as it too was a historical building. Chairman Chernisky stated the periodicals being delivered to homes had come up in the past, and the company had assured the town that a phone call would stop delivery to anyone's home who didn't want it. He stated he wanted the Town Manager to contact the company again, to remind them.

Lisa Boudreau, of Finally Lisa's Hair Salon on Hamilton Street, spoke next. She stated in 20 years of business she had had her salon and four apartments above it, and two weeks prior her tenants' trash was not picked up because of a new rule affecting apartments that have a commercial business on the first floor, called a multiuse unit. Mrs. Boudreau stated she wanted this discussed at subcommittee. Chairman Chernisky asked for a General Government subcommittee meeting on this, so that the Council's recommendations could be provided to the Board of Health.

Mr. Beinema stated he had been approached by a detective from the Southbridge Police Department regarding the leaking of confidential documents to the Worcester Telegram. Mr. Beinema stated when he asked why he was told the investigation had been initiated by the Town Manager, who was very upset about the leak, and had requested this be completed. Mr. Beinema stated he told the detective he had neither seen nor had access to these documents. Mr. Beinema stated the first time he saw these documents was on 3/1/07, when they were provided to him at the Town Clerk's office. Mr. Beinema stated he appeared to be the only private citizen who had been questioned in this, and he wanted to make this statement to maintain his good character, and to set the record straight. Chairman Chernisky described how this might have come to be, and stated he was in no way alleging that Mr. Beinema had done anything wrong.

Agenda Item #8. Vote to confirm the Town Manager's promotion of Staff Sergeant William Hibbard to Provisional Lieutenant for the Town of Southbridge until such time as the next Civil Service Lieutenant's Exam. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item.

Councilor Lazo commended the candidate, and asked when the next test could be held. Police Chief Charette stated the next available date is in the fall of 2007, and any personnel in the rank below Lieutenant could take this test.

Chairman Chernisky stated he would be supporting this appointment because the Chief had assured him there would only be 8 officers, and because the Chief did such a fine job managing his budget.

Agenda Item #8. Vote - by roll call - Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Provisional Lieutenant Hibbard thanked everyone involved, and particularly his family, who pinned his new badge on him.

Agenda Item #9. Open discussion on the Landfill contract extension.

Kevin Buxton of Elm Street stated the Board of Health was now in control of a lot of very important permits regarding the landfill project, and he wondered if the ordinary citizens making up this board had the background to handle this. He stated he was glad the Council was going to meet with Charlton to discuss mutual issues regarding the landfill, and he stated Sturbridge should also be considered as well.

Scott Lazo of Ellis Road commended the Town Manager for the time he had put into the negotiation for the landfill contract. He stated this proposed contract was better than the prior one, which was a mistake. Mr. Lazo stated he thought this discussion should be tabled for awhile to allow for inspection, and perhaps the town should own this operation.

Ed Bergeron of High Street asked the following questions:

  • Why was there no lease for this property from the town to Casella?
  • Why did Casella get a volume discount for usage over 180,000 tons a year as defined in the enhanced agreement?
  • Why was there no mechanism to open up and renegotiate this contract at a later date?
  • Why was there no section of this contract that required Casella to pay the town if the town is forced to sue the operator?

Attorney Giorgio stated regarding a lease with Casella, the town had the equivalent of this in an operating agreement. Mr. Carlisle stated regarding the per tonnage payout in the enhanced agreement, the town received several other benefits within the enhanced agreement, and the per ton amount received by the town was just one part of the overall benefit. Attorney Giorgio said there was no provision for renegotiating the contract, and in his opinion this would be inappropriate part of this contract, and the town's intent with the contract was to have financial stability and protection from liability. Attorney Giorgio stated each party in this agreement should be required to provide for their own legal interests, and hopefully this would keep legal activities down.

Chairman Chernisky asked about the five year options beyond 2037. Attorney Giorgio stated the current contract if signed would give Casella essentially 20 more years of operation at the landfill, which will expire with the life of the landfill. Attorney Giorgio stated there is a provision in the proposed contract that in no event can the contract extend beyond 2036.

John Gatti of Briarwood Ave spoke about the contract. He asked about why an audit of the landfill operation would be kept confidential, as stated in the contract. Attorney Giorgio stated there was nothing in the provision that would override the open meeting law. Attorney Giorgio stated there were several scenarios where it would be in the town's interest to keep audit results confidential. Mr. Gatti asked about any documents which had not been made available to the public. Attorney Giorgio stated there were lots of documents, and what was provided to the public was the results of the negotiation, and if someone was looking for more they could request these documents. Attorney Giorgio stated some of the final exhibits were still being finalized. Mr. Gatti asked how this contract could be signed if all the documents are not released, and that everything should be made available to the public in advance of signing the contract, for public inspection. Mr. Gatti stated the Council did not appear to be ready for a vote on 3/26/07 on accepting this contract. Mr. Gatti stated Casella should not be representing the town as an agent, as outlined in this contract. Mr. Gatti asked about pending lawsuits, and Attorney Giorgio stated the town did not ask Casella to provide a list of every pending lawsuit within the company, and had not provided a list of pending lawsuits the town was involved in, as this was not relevant to this particular contract.

Kevin Buxton of Elm Street stated the town needed more revenue from this contract. He asked about the possibility of sending the methane produced at the landfill to Millennium Power for processing. He asked about the guarantees in place that Casella would not just go away and leave the town liable for the landfill. Attorney Giorgio stated there were performance bonds and other guarantees of performance which Casella were provided to have in place under the terms of this contract.

Chairman Chernisky stated the contract extension and any access road to the landfill in Charlton were unrelated issues, and the Town already had a road being planned off of Route 169. Bruce Haskell of CDM stated typically the most efficient way to convert methane, and the model usually used, is to convert the gas to electricity at the landfill.

Chairman Chernisky called for a recess at 8:48 p.m. The meeting resumed at 8:57 p.m.

Agenda Item #9 (cont).

Councilor Livengood stated Wood Recycling had never been in default, but had asked for an extension. Councilor Livengood stated there was nothing illegal in the check received by the town from Casella to make right all the money Wood Recycling owed. Councilor Livengood stated Casella had spent much money to remediate wetlands issues, and becuase Casella had agreed to the assumption of closure and post closure costs the town had dodged a bullet, and ought to be a little grateful for this.

Councilor King stated there was a lot of hearsay about the amount of tonnage accepted at the landfill going way up, but in fact the tonnage would remain the same, but a different allocation was to be made of what type of material is accepted at the landfill.

Councilor Marcucci asked if the truck traffic was going to increase, and Attorney Giorgio stated it would be about the same. Mrs. Marcucci stated 3/26/07 was too soon to make such a momentous decision, and she would not be ready to vote at that time.

Councilor Lazo read an anonymous letter he had received in his box, and Mr. Carlisle took this letter to provide copies to all the Councilors. Councilor Lazo asked about liability at the landfill site, and Attorney Giorgio stated the Town is legally liable to the State for any condition existing at the landfill, and there was a state statute that assigned lability significantly to anyone who generates hazardous waste, or transports it, and anyone else who is legally responsible for it. Attorney Giorgio stated the Town could never contract away their liability, but in the case of this contract, if Casella defaulted on the contract then the Town could sue for indemnification for Casella not fulfilling the contract.

Councilor Lazo asked why Casella was not charged to send the leachate to the wastewater treatment facility when everyone else was. Mr. Carlisle called this part of the negotiated settlement, and stated the Town was the owner of the landfill. Attorney Giorgio stated the amount of leachate would not be significant, and Casella was responsible for making the leachate acceptable to the wastewater treatment facility.

Councilor Lazo stated the contract disallowed anyone else from opening a landfill in Southbridge, which is a monopoly. Attorney Giorgio stated there was nothing preventing anyone from purchasing land and opening a landfill, if they could get the proper permitting. Attorney Giorgio stated this provision of the contract only restricted town-owned land from being used for a competitive landfill.

Councilor Lazo stated this contract was too big, and he didn't think he could make a decision by 3/26/07.

Councilor Ferron stated he would prefer the town get more money in its coffers than it did services with this contract. He stated he wanted a negotiation down the road on the costs and tipping fees. Mr. Carlisle stated this contract represented an enormous environmental opportunity for the Town to get out of construction debris and into MSW waste.

Agenda Item #10. Vote to ratify a Goods and Services Agreement with Telrepco Inc. in the amount of $16,810.00 for upgrade to cell service for Patrol Cruisers. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Chernisky. Motion passes.

Agenda Item #11. Vote to authorize the Town Manager to dispose of surplus Town property as identified on the list attached to this agenda. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #12. Vote to support the pursuit of a Tax Increment Financing agreement (TIF) with K & K Thermoforming. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Councilor Lazo asked if this company was currently operating, and if they were adding people to the payroll, and Mr. Carlisle stated yes. Mr. Carlisle stated the committee, including the new Economic Development Commission, was seeking Council encouragement for this pursuit with this local company. Councilor Livengood stated this type of thing would encourage businesses from leaving town.

Agenda Item #12. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #13. Vote that the Town Council request Kopelman and Paige to produce language to be incorporated into the Town's bylaws concerning sex offenders. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #14. Vote to transfer from Town Council Reserve Account #001.0132/5781 $30,000.00 to Town Manager Salaries and Wages Permanent Positions Account #001.0123.5110 to further the Project Officer Program and related expenses. (The General Government Subcommittee forwards this to Town Council without a recommendation). A motion was made by Councilor Marcucci, seconded by Councilor King, to vote this item.

Councilor Lazo stated he did not support this the last time the Town had this position and he wouldn't be supporting it this time either. He stated this was just an Assistant Town Manager position. Mr. Carlisle stated this would help the Town get a healthy financial buffer, and would be a short term proposition to take advantage of the many projects that were out there. Mr. Carlisle urged the Council to look at this as a business decision. Councilor Lazo stated these projects fall under the manager's job duties.

Councilor Ferron stated he believed the salary was too high, and it would be better to start this position at $45,000 to $47,000, so that by the time Mr. Carlisle retires the position will be close to the $50,000 mark.

Councilor King asked the Town Manager how much this figure would generate for the Town, and Mr. Carlisle stated roughly $50,000 to $100,000 a month, once the workload matures on the three and four month long projects. Councilor King stated the Town would be getting about $2,000,000 of benefit over two years at a cost of $120,000, and this was a good deal.

Councilor Lazo stated the Council had not renewed Mr. Mormino in this position in the past, and this was now another expense the Town did not need. Councilor Marcucci asked about how much money Mr. Mormino had brought in, and Mr. Carlisle stated a large number. Councilor Marcucci stated she was willing to take a chance on this position, to improve the Town's financial picture.

Chairman Chernisky asked about hiring specific consulting specialists to handle each task as it comes, rather than hiring an employee. Chairman Chernisky stated the 50 town owned properties could be better moved through a private firm. Mr. Carlisle stated many of these properties were problematic, which is why the Town ended up with them to begin with. Mr. Carlisle stated most required lots of work to clear title for sale.

Agenda Item #14, vote by roll call. Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Ferron and Lazo. Motion passes.

Agenda Item #15. Vote to accept the Town Council rules as written. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Chairman Chernisky stated this was something the Town Manager had clarified needed to be done each year, and he hoped it would be added to the reorganization meeting each year. Councilor Ferron asked about the requirement to have a roll call vote on every vote, and Chairman Chernisky stated this needed to be addressed in General Government as well. Agenda Item #15, vote by roll call. Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livgengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #16. Vote to amend the Town Council Rules by inserting the following as number 4a. Citizens may be appointed to serve on Town Council subcommittees by the Chairman of the Town Council, subject to confirmation by the Town Council. Appointments of citizen members of Town Council subcommittees shall be for terms of not more than six months, ending on December 31 and June 30. Upon expiration of each appointed term, persons so appointed shall not continue in office; provided, however, that nothing in this Rule shall prevent the Council Chair from reappointing or the Town Council from reconfirming such person for an additional term. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item. Chairman Chernisky asked if the Council should have a vote to reappoint citizen members now serving, and Attorney Giorgio stated a vote through 6/30 would be appropriate, to tie up that loose end. Vote by roll call. Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes. Councilor Ferron thanked everyone who had served in the past as a Citizen Member, and stated they had all worked out well.

Agenda Item #17. Vote to amend the Town Council Rules by inserting the following as number 8a. Any proposed agenda item except as provided or otherwise in these rules, either with or without a recommendation, shall be included in the agenda for the next following meeting of the Town Council. Provided, however, that should the Town Council Chair fail to include such item on the agenda because the agenda prepared by the Town Manager has been approved and closed by the Town Council Chairman, the item shall appear on the agenda open for the next following meeting of the Town Council. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. Vote by roll call. Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #18. Discussion of stipends for Town Councilors. A motion was made by Councilor McDonald to table this discussion, seconded by Councilor Marcucci. Vote to table this item, by roll call, Councilors in favor: Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Chernisky, Ferron, King, Langevin, and Lazo. Motion fails.

Councilor Lazo commended Councilor Ferron for bringing this item forward and being criticized for it. Councilor Langevin stated surrounding communities had this practice.

Councilor King made a motion to refer this back to General Government Subcommittee to determine an amount to be paid, seconded by Councilor Ferron. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #19. Councilors' Forum

Councilor King said it bothered him that people felt the Council was mean spirited and unapproachable.

Councilor Lazo asked Attorney Giorgio about the following scenario: If the Town did nothing with the landfill contract and in nine years took over the landfill, and didn't have the money to cap the landfill or provide for post closure, what would happen? Attorney Giorgio stated if the contract ended with no recovery of funds, he would expect DEP to issue some kind of enforcement, and the Town would be faced with having to appropriate money to comply. Attorney Giorgio stated lack of an appropriation is not an adequate defense, in his experience. Attorney Giorgio stated the regulatory agencies would insist it be capped, and would look to the responsible parties.

Councilor McDonald talked about water runoff on Breakneck Road, because of the logging, and Mr. Carlisle said he would check into it.

Agenda Item #20. Discussion of next meeting date. Councilor Ferron recommended 3/26/07 as the next Town Council meeting, seconded by Councilor Marcucci. Vote by show of hands, all in favor.

Councilor King made a motion to adjourn, seconded by Councilor Langevin. Vote by show of hands, all in favor. The meeting adjourned at 9:50 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL PUBLIC HEARING,
TOWN OF SOUTHBRIDGE, MONDAY, TUESDAY, MARCH 6, 2007

A meeting of the Southbridge Town Council was held on Tuesday, March 6, 2007, in the Robert MacKinnon Council Chambers.

Agenda Item #1. Call the meeting to order. Chairman Chernisky called the meeting to order at 7 p.m. Chairman Chernisky led the Council and the assembled in the Pledge of Allegiance. Roll call: Councilors present: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors absent: Marcucci.

Agenda Item #2. Chairman Chernisky read the following hearing notice:

HEARING NOTICE

On behalf of the Town Council of the Town of Southbridge, this hearing is being held to present for public comment and input the draft Extension Agreement for the Operation of Barefoot Road Sanitary Landfill, and Refuse and Recyclables Collection between Southbridge Recycling and Disposal Park, Inc. (Casella) and the Town, as negotiated by the Town Manager and the negotiating team.

Agenda Item #3. Speakers:

Opening Remarks - Town Manager Clayton Carlisle gave an overview of the landfill operation and specifically the proposed agreement. Mr. Carlisle stated in September of 2003 Casella had taken over direct control of the landfill, and in June of 2006 by a wide margin the Annual Town Election had approved an access road to the Industrial Park. Mr. Carlisle stated he and Attorney Giorgio of Kopelman and Paige then had addressed the Council about negotiating a new agreement with the landfill operator. Mr. Carlisle stated the Town Council agreed, and so a bargaining team was assembled consisting of Mr. Carlisle, Attorney Giorgio, Town Accountant Karen Harnois, Bruce Haskell of the Town's engineering consulting firm Camp, Dresser, and McKee as an advisor, and Landfill Monitor Anna Smith to provide direct operations information. Mr. Carlisle stated various Town Council votes authorized the bargaining. Mr. Carlisle thanked everyone for their dedication and work.?P>

General Overview - Attorney John Giorgio of Kopelman and Paige gave a general overview of the legal issues involved. He stated in 1996 the Southbridge Town Council voted to authorize the Town Manager at that time to enter into an agreement with Wood Recycling, Inc. Attorney Giorgio stated this agreement was signed. Attorney Giorgio stated this agreement provided for ten years of operation, with four additional 5-year renewal options. Attorney Giorgio stated in 1996 the Town Council only approved a 20 year agreement, and additional years would require a Council vote. Attorney Giorgio stated the contract could be extended for 40 years; Attorney Giorgio stated the anticipated life of the landfill was less than this amount of time.

Attorney Giorgio stated a major concern for the Town is that the Town owns the landfill, and in the current situation will be responsible for the closure and post closure costs, estimated to be about $13,000,000. Attorney Giorgio stated the original contract set up the landfill operator to make a monthly payment, held in escrow in two accounts, one for closure and one for post closure. Attorney Giorgio stated at this point the combined amount of closure and post closure escrowed monies is about $1,900,000, which is inadequate to protect the Town's interests at the time of the closing of the landfill. Attorney Giorgio stated this money is being held by the Town and is not available for the Town to spend currently. Attorney Giorgio stated the $1 million+ yearly royalty payment received by the Town must currently be encumbered to help pay for closure and post closure liability. Attorney Giorgio stated the biggest challenge was to come up with an agreement that shifted the liability for closure and post closure costs to the landfill operator, and he stated this proposed agreement did this. Attorney Giorgio stated the money in escrow would be available for the Town Council to vote, and the royalty would go to an unrestricted account, available for the Town to spend. Attorney Giorgio stated the bargaining team had negotiated an extension agreement that will substantially protect the Town, and the Town will now have an income stream that can be used for other municipal purposes.

Outline of Specifics - Jim Bohlig, President of Casella Waste Systems, Inc. gave a presentation of Casella's role for the Town's long term industrial park plans. Mr. Bohlig stated an industrial park is a very special asset, with big potential, and it was a commendable goal for the Town to pursue. Mr. Bohlig stated there were site derived benefits in the proposed agreement for the cost of the park's infrastructure. Mr. Bohlig stated an industrial park is long lasting and sustainable, and with it the Town could begin to plan its future rather than living year to year.

Mr. Bohlig gave a presentation (please see attached).

Underlying assumptions from an engineering perspective, highlighting the FAM and life of the landfill - Bruce Haskell of Camp, Dresser, and McKee gave a presentation (please see attached).

Outline of financials - Town Accountant Karen Harnois gave a presentation outlining the financial impact to the Town (please see attached).

Agenda Item #4. Questions and comments

Larry Beinema of Dennison Hill Road asked about the negotiated price per ton of waste accepted under the new contract. Attorney Giorgio stated the price negotiated was part of a broader negotiation on several financial facets of the overall agreement. Mr. Bohlig stated the rates negotiated either exceeded or the matched the rates at any facility in the region. Mr. Bohlig stated the Town was getting about 20% of the gross revenue.

Mr. Beinema asked about holidays from the proposed six day work week, and Mr. Bohlig stated Casella Corporation currently recognized six holidays during the year.

Mr. Beinema asked about the surety of this contract. Attorney Giorgio stated there is a separate guarantee agreement to be done by Casella.

Chairman Chernisky stated he would ask that all documents shown tonight be on the Town's website, and available in the Town Hall and at the Library.

Rene Tremblay of Jerome Street, a member of the Town's Board of Health, asked for clarification of the acceptable tonnage to the landfill. Attorney Giorgio stated the agreement was structured such that Casella could go to the Board of Health and ask that the current 180,000 tons a year be converted to basically all municipal solid waste (MSW). Attorney Giorgio stated this level of benefit was known as the initial capacity, and equaled to a certain level of benefit for the Town. Attorney Giorgio stated assuming the Board of Health granted this, then Casella could return to the Board of Health and seek approval of the enhanced proposal, which would shift some of the waste currently going through the recycling facility over to the landfill, and would equal 405,000 tons a year of MSW. Attorney Giorgio stated the proposed agreement also would allow Casella to approach the Board of Health for both approvals at the same time. Attorney Giorgio stated that local boards are not to prejudge these approvals in any way, and local boards will be judged by whatever application is placed in front of them, and will hold a public hearing, and maintain the right to deny or accept these requests. Attorney Giorgio stated under the terms of this proposed agreement Casella was responsible for establishing a performance bond.

George Chenier of Pleasant Street, a member of the Southbridge Airport Commission, commended everyone involved in the negotiation, and stated Casella has been a good neighbor to the airport, and described the many ways they have helped with land clearing, and the purchase of a lawnmower for the airport, and with land mowing. Mr. Chenier stated the FAA did have elevation clearance requirements near any airport, and Casella did not penetrate the airport's airspace.

Dean Cook of South Street, a member of the Conservation Commission, stated he had worked as an environmental engineer testing landfills, and it was his opinion the Town was wise to move the burden of closure and post closure to the landfill operator.

A motion was made by Councilor Lazo to allow Robin Craver, the Town Administrator of Charlton, Mass. to speak, seconded by Councilor McDonald. Vote by show of hands, unanimous in favor.

Robin Craver, Town Administrator of Charlton, stated the Charlton Selectman had expressed their concerns regarding the proposed agreement, and she read a letter outlining their position (please see attached).

Greg Kalis of Lebanon Hill Road asked if the MSW to be accepted in the proposed agreements would all originate from Massachusetts, and Mr. Bohlig stated it would be from the surrounding area.

Chairman Chernisky called for a recess. The meeting recessed from 8:25 to 8:40 p.m.

Ann Beinema asked about the environmental impact of having a landfill in the community, and Mr. Bohlig stated Casella was committed to lowering the risk of carcinogens, or any air, water, or land environmental concerns. Attorney Giorgio stated there was a substantial amount of local control including the Board of Health and the Conservation Commission for any violations or environmental problems with the operation of the landfill.

John Gatti of Briarwood Ave stated he had asked before for all documents from Executive Session pertaining to the proposed agreement with Casella, stating no one could come to any reasonable conclusion without all the documents. Mr. Gatti talked about how the contract should have been better administered in 1996, and how the Town should have nullified the current contract when Wood Recycling defaulted on their payments to the Town.

Councilor McDonald made a motion to allow Mr. Beinema five more minutes of time, seconded by Councilor Langevin. Vote by show of hands, all in favor.

Mr. Beinema asked about the allowable tonnage as outlined in the proposed agreement. Attorney Giorgio stated the Board of Health can impose a reasonable tonnage amount of their own, and if appealed and upheld then that is the figure the landfill operator must go by. Mr. Beinema asked about the elevation at the landfill reaching 850 feet. Mr. Haskell stated this figure represented 850 feet above sea level, and this would be about 100 from above the roadway. Mr. Beinema asked about the leachate being taken by no cost by the town, and Attorney Giorgio stated only leachate that is acceptable by the wastewater treatment facility. Mr. Beinema asked how the estimated cost of $13,000,000 had been determined for the closure and post closure costs, and Mr. Haskell described how. Mr. Beinema stated this agreement would have a long term effect on the community, and he asked the Council to look closely at it.

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to allow Rene Tremblay an additional 5 minutes to speak. Vote by show of hands, all in favor.

Mr. Tremblay asked if Casella would be required to get additional permitting if they wanted to expand onto their land at the site, and Attorney Giorgio stated this would be required.

A motion was made by Councilor Lazo, seconded by Councilor McDonald, to allow John Gatti to speak for an additional 5 minutes. Vote by show of hands, all in favor, Councilor King abstains.

Mr. Gatti asked about acceptance of the check on behalf of the Town to clear Wood Recycling's defaulted amount, and whether the Town Council had been involved in this acceptance. Attorney Giorgio stated at the time of this acceptance there were serious compliance issues with the landfill, and failure to accept the check would have resulted in a liability for closure and post closure, as well as noncompliance issues that were going on at the time.

Mr. Gatti asked about Casella's environmental record in numerous communities. Mr. Haskell of CDM stated since Casella had taken over operation of the landfill a number of environmental issues had been cured, to the satisfaction of the Massachusetts Department of Environmental Protection.

Mr. Gatti asked if there were monopolistic practices going on. Mr. Gatti stated Attorney Giorgio had also represented Hardwick in their landfill case. Mr. Gatti stated the Council should not rush into this agreement.

Mr. Carlisle stated he recalled a check received from Casella to pay for outstanding money owed to the town from Wood Recycling, money owed for such things as the cost of remediation of the fire that had taken place at the landfill; the amount of monthly royalty payments which had not been made; and financial payment oversights done by Wood Recycling were also made whole by Casella.

Councilor Ferron stated when Wood Recycling started to default, Casella was the Town's saving grace, and protected the Town from liability. Councilor Ferron stated regarding fines Casella has received in the past, many were small, and the DEP fines people all the time. Councilor Ferron stated the only thing Casella had done for the Town of Southbridge was to help out, and when asked, Casella helps.

Councilor Nikolla stated she was very comfortable with Casella, and if the Town had to have a landfill operator then she wanted Casella to be it. She stated they had been a good neighbor, and made an effort to be a good neighbor. Councilor Nikolla stated she believed this had been a successful negotiation for the Town. She stated she wanted to put away some of the negativity associated with this company. She stated she was happy with the proposed agreement and would be supporting it.

Councilor King stated the Town needed to trust the professionals who put together the proposed agreement, and he was concerned about the financial impact to the Town if this was not acted on.

Chairman Chernisky asked if switching to predominantly MSW would increase the amount of leachate. Mr. Bohlig stated because MSW is so much more absorbent than construction debris, much of the leachate production will slow down. Mr. Bohlig stated also in the future the leachate will be pumped back into the landfill to promote methane production, as the operator intended to capture this methane to generate electricity and to provide heat to hydroponic units at the site. Mr. Bohlig stated the landfill may see a reduction of up to 50% of the leachate, but certainly in the range of 20 to 30% was highly likely. He stated he believed the long-term burden on the wastewater tretament facility will be reduced.

Chairman Chernisky asked Attorney Giorgio what would happen if the Board of Health doesn't approve the permitting. Attorney Giorgio stated the existing agreement will stay in effect until the Board of Health grants all the permits necessary to carry out the proposed agreement(s), and until the Board of Health approves the modification of the site assignment.

Chairman Chernisky asked what is the current total tonnage allowed per year. Attorney Giorgio stated the permits currently in place allow for a total of 499,000 tons per year, which includes MSW, construction debris, and recycling. Attorney Giorgio stated at the end of the day the permitting capacity will not increase, but most of the capacity of recycling will be switched to MSW.

Chairman Chernisky stated the upcoming meeting on 3/12/07 was too soon to place this approval vote on the Council agenda. After discussion with the Town Council, he stated he intended to put this item on the 3/26/07 meeting.

A motion was made to adjourn by Councilor Lazo, seconded by Councilor King. Vote by show of hands, all in favor. The meeting adjourned at 9:37 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, FEBRUARY 26, 2007

A meeting of the Southbridge Town Council was held on Monday, February 26, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:01 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Ferron, Langevin, Lazo, Livengood, McDonald, and Nikolla. Councilors excused: Marcucci. Councilors delayed: King.

Agenda Item #3. Consider and accept the minutes of the February 5, 2007 meeting. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by roll call - Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Livengood, McDonald, and Nikolla. Acceptance passes.

Agenda Item #4. Subcommittee Reports:

  • a. General Government. Chairman Chernisky stated there would be a meeting on 2/28/07 at 7 p.m. in the Rice Conference Room, and the public was invited.
  • b. Department of Public Works. Councilor Lazo read the minutes of the 2/13/07 meeting.
  • c. Education and Human Services. Councilor Nikolla stated she wanted a meeting soon at the Armory, to discuss the concession stand at Mac Field.
  • d. Planning and Development. Councilor Livengood stated there was a meeting scheduled for 3/1/07 at 7 p.m. in the Rice Conference Room.
  • e. Protection of Persons and Property. Councilor Ferron stated there was a meeting on 2/27/07 at 7 p.m. in the Rice Conference Room.
  • f. Town Manager. Councilor McDonald stated he was awaiting the requested information from the last meeting to schedule another meeting.

Agenda Item #5. Chairman's Announcements

Chairman Chernisky commended the Downtown Partnership and others who were involved in the recent Snowball.

Chairman Chernisky thanked everyone involved in the skating operation at "The Rez," stating this was a great success.

Chairman Chernisky commended the Town's DPW for their work keeping the roads passable the prior week, and the Fire Department for dealing with the fire on Edwards Street, and the Police Department for apprehending the people involved in the shooting the prior Friday night, by the Civil War monument on Hamilton Street.

Agenda Item #6. Town Manager Announcements

Mr. Carlisle stated the annual grant from the Executive Director of the Council of Elderly Affairs had been awarded, in the amount of $20,173. Mr. Carlisle stated this was administered locally by the Town's Senior Services Director Mike Trombley, and the Council on Aging. Mr. Carlisle stated this grant offsets some of the costs associated with the clerk/custodian. Mr. Carlisle stated he also hoped to grow the walking program at the Armory.

Mr. Carlisle stated the Town Accountant and others, in working with the State's Department of Revenue, had lifted part of the restrictions imposed by Chapter 475 of the Acts of 2004. Mr. Carlisle stated because of this the State now agreed to review and approve the Town's financial situation based on the September-October reconciliation completed by the Town Accountant and the Town Treasurer. Mr. Carlisle stated this was being allowed because the Town Accountant's balances had been adopted in entirety by the Town's auditor Melanson and Heath, and then again by the State. Mr. Carlisle stated this freeing up of restrictions would allow the Town a six to eight week gap of increased approval time, alleviating some of the pressure on getting the necessary votes in December to carry out the Town's budget.

Mr. Carlisle stated there had been questions posed the prior week about violations with haulers going to the landfill. Mr. Carlisle stated the hauler Joel Checka was found not to have a license when he was cited, had not paid the citation, had not appealed the citation to court, and further review of other licenses issued had led him to refer the few cases similar to this to the Board of Health for their review and action.

Agenda Item #7. Citizens' Forum

No citizens wished to speak.

Agenda Item #8. Vote to confirm the Town Manager's re-appointment of Melinda R. Ernst-Fournier as Treasurer/Collector for the Town of Southbridge for a three-year term to expire June 30, 2010. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Councilor Lazo stated Mrs. Ernst-Fournier had proven herself, and he thanked her for her help in turning around the Town's financial picture. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #9. Vote to delete (underlined portion only) from the Code of By-Laws for the Town of Southbridge issued January 5, 2007 Section 9-101 Building Inspections, 9-101.1 - Effect of this By-Law - second sentence the following: The Commonwealth of Massachusetts Department of Public Safety Board of Standards Building Code and replace it with (bolded portion only), The Commonwealth of Massachusetts Department of Public Safety Board of Building Regulations and Standards. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #10. Vote that the Town Council hereby amend the codification of the by-laws of the Town of Southbridge entitled "A Code of By-Laws for the Town of Southbridge Commonwealth of Massachusetts Final Report of the By-Law Review Committee," adopted by the Town Council on September 25, 2006, and scheduled to take effect, other than Section 7-506 which took effect on the date of adoption, on February 28, 2007, by substituting therefore the codification of the by-laws of the Town of Southbridge as set forth in a document entitled "A Code of By-Laws for the Town of Southbridge," dated January 5, 2007, which document is on file in the Office of the Town Clerk, and which includes certain ministerial and organizational amendments to the earlier adopted Code of Bylaws. Such recodification of the by-laws shall be known as the "Code of By-Laws for the Town of Southbridge." All by-laws previously adopted and not continued in said recodification are hereby declared to be and are hereby repealed

Third and final reading.

A motion was made to accept this third and final reading by Councilor McDonald, seconded by Councilor Lazo. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Livengood, McDonald, and Nikolla. Motion passes.

Agenda Item #11. Vote to ratify the agreement between Barrows Contracting, Inc. and the Town of Southbridge in the amount of $3,172.00 for the Ellis Road Drainage Project. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #12. Vote to ratify the agreement between Ricciardi Bros., Inc. and the Town of Southbridge in the amount of $259,845.00 for resurfacing/rehabilitation of a portion of Dennison Drive. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

Agenda Item #13. Councilors' Forum.

Councilor McDonald reminded citizens to be careful when reading school cancellations, as some kids had refused to get on his bus, thinking there was a two hour delay. Councilor McDonald stated he had difficulty getting the bus up many hills, and he wanted to modify the procedure for calling a delay. Councilor McDonald stated this information should also be on Channel 12 local access, with just that one item playing at that time.

Councilor Lazo stated he had received calls from parents on Eastford Road, and there should have been a two-hour delay. Councilor Lazo stated the surrounding towns had a two-hour delay, and if the Town's DPW needed extra time then they should be allowed this.

Councilor Langevin stated he had received calls about calling a two-hour delay as well.

Councilor Ferron asked the Town Manager about whether there would be a clerk of the works at the Guelphwood Road DPW complex renovation job, and Mr. Carlisle stated there was a construction manager rather than a clerk of the works.

Councilor Ferron stated he had seen many uncleared sidewalks recently with the snow, and it was time to start fining people for this.

Councilor King arrived at 7:28 p.m.

Chairman Chernisky stated the bus was unable to make it to his house because of the snow, and the process for delaying school needed to be looked at.

Councilor King stated he wanted to know the process for holding a joint meeting between the School Committee and the Town Council. He stated he had received numerous phone calls and was astonished at how unavailable the School Department was to the public. Councilor King stated he had been attempting to obtain information from the schools since January 19th. He stated he had been informed no one in the School Department was allowed to speak to anyone in the public, and all requests must go to the Superintendent. Councilor King stated he needed to get information in a timely fashion and as such wanted a joint meeting with the School Committee.

Councilor King thanked the Fire Department and the Police Department for their work in the recent past.

Councilor King read the definition of the word 'confidential' from the Webster's Dictionary.

Chairman Chernisky stated he would contact Jack Jovan about a joint meeting with the Town Council and the School Committee.

Agenda Item #14. Vote to enter Executive Session to consider negotiations in regard to the exchange, taking, lease, or value of real property and to reconvene in open session. A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

The meeting went into Executive Session at 7:32 p.m.

The meeting returned from Executive Session at 9:20 p.m.

Agenda Item #15. Vote that the Town Council schedule a public hearing, to be held at 7:00 p.m. in the MacKinnon Council Chamber of the Town Hall on Tuesday, March 6, 2007, to present for public comment and input the draft Extension Agreement for the Operation of Barefoot Road Sanitary Landfill, and Refuse and Recyclables Collection between Southbridge Recycling and Disposal Park, Inc. and the Town, as negotiated by the Town Manager and the negotiating team. A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla.

Chairman Chernisky stated the public will be informed of these details, and he wanted the Board of Health present at this meeting.

John Gatti of Briarwood Ave spoke to this item, and asked if the minutes from Executive Session would be available for review at the Town Library, and Chairman Chernisky stated no, that the contract would be made available to the public. Mr. Gatti stated he wanted to look at all documents related to this negotiation, and the Town needed to proceed cautiously.

Agenda Item #16. Discussion of the next meeting date. Councilor Ferron recommended 3/12/07 as the next meeting date, seconded by Councilor King. Vote by show of hands, unanimous in favor.

A motion was made to adjourn by Councilor Livengood, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor. The meeting adjourned at 9:28 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, FEBRUARY 5, 2007

A meeting of the Southbridge Town Council was held on Monday, February 5, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:02 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

Agenda Item #3. Consider and accept the minutes of the January 22, 2007 meeting. A motion was made by Councilor McDonald, seconded by Councilor King, to accept these minutes. Vote by show of hands, 6 in favor, 3 abstain.

Agenda Item #4. Subcommittee Reports:

  • a. General Government. Councilor King read the minutes of the 1/18/07 subcommittee meeting.
  • b. Department of Public Works. Councilor Lazo stated he would be having a meeting soon about the Ellis Road drainage.
  • c. Education and Human Services. Councilor Nikolla read the minutes of the 1/30/07 subcommittee meeting.
  • d. Planning and Development. Councilor Livengood read the minutes of the 2/1/07 subcommittee meeting.
  • e. Protection of Persons and Property. Councilor Ferron read the minutes of the 1/31/07 subcommittee meeting.
  • f. Town Manager. Councilor McDonald read the minutes of the 1/24/07 subcommittee meeting, and stated the next meeting would be on 2/7/07.

Agenda Item #5. Chairman's Announcements.

Chairman Chernisky stated in the past he had allowed citizens some leeway in the five minute rule for Citizen's Forum, but from now on it would require a vote of the Council to allow someone to continue past five minutes, as is outlined in the Council Rules and Regulations.

Chairman Chernisky stated he had been contacted by the Southbridge Little League, who wanted to construct a two-story building at the McCann Field for concession sales. Chairman Chernisky stated other towns had better maintained fields, and part of the reason was through profits from concession sales. Chairman Chernisky asked the chairwoman of the Education and Human Services Subcommittee to hold a meeting to discuss this possibility. Chairman Chernisky stated he wanted the Director of the DPW and the Town's attorneys to investigate whether this would be feasible, and return that information to Councilor Nikolla for her Subcommittee meeting.

Councilor Ferron stated while he was the Chairman of the Recreation Committee there was a plan to do some improvements at this field as well, as well as other interested parties. He stated he wanted to have a meeting of those who had been involved with plans to upgrade the field in the past, and then bring their thoughts to Subcommittee as well. Councilor Marcucci stated this may be an instance when Bay Path students could get involved with construction.

Chairman Chernisky stated the first Snowball was being held on 2/10/07 at Notre Dame Church, with tickets available at Notre Dame and Scentimental Flowers on Main Street.

Chairman Chernisky stated the cable provider had sent a letter to the Town announcing there would be another increase in the cable rate this year.

Chairman Chernisky stated regarding roll call votes, it had been his intention to bring this issue to a vote when the Council approved the Council Rules and Regulations, as to whether roll call votes were always needed. He requested the Town Manager check with the attorneys as to whether any vote in the past year and a half needed to be retaken to be a legal vote. Councilor McDonald stated by taking roll call votes, it helped voters identify a Councilor's stand on any particular issue, and also it defined who voted in the majority in case the majority ever wanted to bring back a voted item. Chairman Chernisky stated he had always stressed any Councilor could call for a roll call, and this issue could be decided at subcommittee. Mr. Carlisle stated he didn't know of any instance in the past 18 months where there needed to be a revote. Chairman Chernisky stated he wanted on the next agenda some language declaring all past hand votes as legal, with a roll call vote.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle stated the Department heads would be bringing forward a list of old equipment for disposal, and stated he had spoken with Councilor King about bringing this for discussion to General Government Subcommittee, then on to Council for the sale or destruction of this obsolete equipment.

Mr. Carlisle stated last week he had taken bids for the Torrey/Ellis Road intersection, where flooding and freezing had caused problems. Mr. Carlisle stated the DPW had written up the bid specifications for the required work, and the job was advertised, the bids were received, and the total cost would be about $15,000. Mr. Carlisle stated this problem warranted immediate attention.

Mr. Carlisle stated "The Rez" was open for skating this week on Friday evening from 6 to 9 p.m., and then on Saturday and Sunday from 1 to 5 p.m. Mr. Carlisle stated the phone number for information is 508-764-4849.

Mr. Carlisle stated to celebrate Black History Month the library was sponsoring the Worcester Black Gospel Choir, on 2/22/07 from 6:30 to 8:30 p.m.

Mr. Carlisle stated the Town sponsored, the first Thursday of every month, a program from the USDA which allowed low to moderate income people to qualify for mortgage loans.

Agenda Item #7. Citizens' Forum

Madaline Daoust of Poplar Street, Town Clerk of Southbridge, stated nomination papers were now available in the Town Clerk's office. Mrs. Daoust stated petition papers were due by 5/8/07. Mrs. Daoust stated the census was in full swing, and everyone was encouraged to complete their census form and return this to the Town Clerk's office. Mrs. Daoust stated the 2007 dog licenses were due now as well.

Agenda Item #8. Vote to confirm the Town Manager's appointment of Bruce W. Newlands to the Liquor Licensing Board for the Town of Southbridge to fill an un-expired term until June 30, 2008. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item.

Councilor Ferron stated the Council had received no information on this person. Mr. Carlisle stated the candidate was a retired attorney, and had assured him he would serve in this role in a fair and unbiased manner. Mr. Carlisle stated he had given Mr. Newlands a copy of the rules, and Mr. Newlands was boning up on the rules and seeking contact with the other members of this board.

Agenda Item #8. Vote by roll call, Councilors in favor: Chernisky, Ferron, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Councilors abstaining: King, Lazo. Motion passes.

Agenda Item #9. Vote to confirm the Town Manager's re-appointment of Wilfrid B. Cournoyer as Principal Assessor for the Town of Southbridge for a three-year term to expire February 23, 2010. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Councilor Lazo spoke about Mr. Cournoyer's qualifications for this post. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #10. Vote to authorize the Town Manager to sign the amendment to the Traffic Rules and Regulations Permit No. S-0020 for a stop sign on the easterly and westerly ends of LaRochelle Way. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #11. Vote to direct the Town Manager and Police Chief to bring forward a contract for ratification that will enable the Police Patrol Cars to be equipped with computers having cell technology capacity. A motion was made Councilor Langevin, seconded by Councilor Livengood, to vote this item.

Chairman Chernisky stated he wasn't at this meeting, and he was concerned that items were being added to the agenda without his putting them there. Councilor Ferron stated the PPP Subcommittee thought it best to put this forward, considering the time constraints. Mr. Carlisle stated the final number would be about $10,000 to $12,000 to come from the Police Department budget. Mr. Carlisle stated this vote was just a show of support, as any contract to be finally ratified would have to come back to Council for approval. Councilor King stated as the majority of this purchase would come from grants, and the Police Chief had identified money within his budget, he wanted to see this thing go forward. Chairman Chernisky stated this would be a recurring cost, and not a one time cost.

Agenda Item #11. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #12. Vote to ratify a contract amendment in an amount not to exceed $33,860.00 with Community Revitalization Specialists for the FY 2005 CDBG Downtown Façade Improvement Program. A motion was made by Councilor Lazo, Seconded by Councilor Langevin, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

Agenda Item #13. Vote to approve the Town Manager's request to submit the FY 2007 CDBG grant application. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

Agenda Item #14. Vote to ratify the vote taken on January 22, 2007, Agenda Item No. 9, the first reading to amend the codification of the by-laws of the Town of Southbridge

Roll call vote.

A motion was made by Councilor King, seconded by Councilor Langevin, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

Agenda Item #15. Vote that the Town Council hereby amend the codification of the by-laws of the Town of Southbridge entitled "A Code of By-Laws for the Town of Southbridge Commonwealth of Massachusetts Final Report of the By-Law Review Committee," adopted by the Town Council on September 25, 2006, and scheduled to take effect, other than Section 7-506 which took effect on the date of adoption, on February 28, 2007, by substituting therefore the codification of the by-laws of the Town of Southbridge as set forth in a document entitled "A Code of By-Laws for the Town of Southbridge," dated January 5, 2007, which document is on file in the Office of the Town Clerk, and which includes certain ministerial and organizational amendments to the earlier adopted Code of Bylaws. Such recodification of the by-laws shall be known as the "Code of By-laws for the Town of Southbridge." All by-laws previously adopted and not continued in said recodification are hereby declared to be and are hereby repealed

Second reading, roll call vote

A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #16. Vote: In accordance with M.G.L. Chapter 40A, Section 5, to submit to the Planning Board for review the following proposed amendment to Section III of the Town of Southbridge Zoning By-laws by adding a portion as follows (added portion in bold print):

    HOME BASED BUSINESS: Any activity conducted by a resident within a dwelling for financial gain. A home-based business is an accessory use to the primary use of the parcel. A home-based business is incidental to, and clearly subordinate to, the residential use of the property, but need not customarily be accessory to residential use.

A motion was made by Councilor McDonald, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #17. Discussion on the use of the Armory by youth organizations that represent the Town of Southbridge.

Chairman Chernisky stated he felt the Armory should be made available to all youth groups, regardless of financial need. Chairman Chernisky stated he wanted this discussion to be held at EHS Subcommittee. Mr. Carlisle described the progress by the Ad Hoc Armory Study Committee, and the early philosophy of opening up the building for public use was that the Town should attempt to recoup the cost of keeping the building open. Mr. Carlisle described some of the functions currently there. Councilor Ferron stated one important thing to do would be to let people know of the various programs available there. Councilor Ferron thanked Mr. and Mrs. Varin for the volunteer help they had provided to programs at the facility. Councilor Ferron stated he wanted the parking there expanded for the next election. Councilor Langevin stated he was still a big advocate of moving the Senior Center to this site, as the current location was too small. Mr. Carlisle stated the parking lot work was not yet done, and a lot of the remaining work could be done in-house by the DPW. Further discussion was held. Chairman Chernisky asked Councilor Nikolla to put this item on a future EHS Subcommittee meeting.

Agenda Item #18. Councilors' Forum

Councilor McDonald stated the rubbish containers were all over the street, and also furniture and appliances were being left out for long periods of time. Mr. Carlisle stated the education of how this pickup program works is ongoing, and hopefully people would get the word about how to contact Casella for free appliance pickup, and what appliances were appropriate for this service.

Councilor King thanked Ajay LaRochelle and all the other volunteers for putting on the skating at the Rez program, and he stated he and his family had had a good time last weekend skating at the Rez.

Councilor Lazo stated he would add the traffic situation at Crane Street to the next DPW Subcommittee meeting.

Councilor Lazo stated he and Councilor Nikolla had attended the 275th birthday party, and it was enjoyable.

Councilor Lazo asked about the cameras at the landfill, and whether any of them looked at the load. Chairman Chernisky stated he felt there needed to be more cameras at the landfill.

Councilor Lazo stated he was concerned about the letter from the group Toxic Action Center which had been provided by Mr. Gatti and which was in the packet. Councilor Lazo stated the website was wwwtoxicsaction.org, and people interested should go on that website to learn more. Mr. Carlisle stated with the closure of the Hardwick facility, Casella had about 20 other facilities to spread this load to, not including Southbridge, and that there was a hard cap on the amount the town would allow Casella to bring in. Mr. Carlisle stated the town should move away from construction debris and accept more municipal solid waste, in order to cut down on toxic fumes produced by construction debris. Mr. Carlisle described how the Town's original cell sites had no liners, and leachate was being removed to keep it from flowing out into the surrounding areas.

Councilor Langevin stated the landlords were the biggest abusers when it came to leaving debris out with the trash.

Councilor Nikolla stated she would call an Education and Human Services Subcommittee meeting to talk about opening up the Armory for youth groups, as well as the building of a concession stand at McCann Field.

Councilor Nikolla wished Dudley a happy birthday.

Councilor Marcucci asked about the weekly reports, and about the hauler who had been refused entry into the landfill because they were unlicensed. Mr. Carlisle described how Mr. Checka had been warned off, and now will be stopped from using the landfill. Mr. Carlisle stated as a general rule anyone going to unload at the landfill without a proper license would be allowed a one time use, to pay for that one day, and then they needed proper licensing. Councilor Marcucci asked how many haulers were using the landfill and not getting caught, and Mr. Carlisle stated he would see if he could find an answer to this question, but that all tonnage was weighed and paid for.

Councilor Ferron urged citizens to clear their sidewalks of snow.

Chairman Chernisky stated the solid waste report had indicated CD material was being accepted on the low side, and if the amount of CD was decreased right now, what was being accepted to make up the tonnage. Mr. Carlisle stated soil, which is used as a covering material within the filling of the cells, was being brought in and may represent the extra weight.

Agenda Item #19. Discussion of next meeting date. Councilor Ferron recommended 2/26/07, seconded by Councilor Lazo. Vote by show of hands, all in favor.

A motion was made to adjourn by Councilor Nikolla, seconded by Councilor Langevin. Vote by show of hands, all in favor. The meeting adjourned at 9 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, JANUARY 8, 2007

A meeting of the Southbridge Town Council was held on Monday, January 8, 2007, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:05 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Ferron, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Councilors delayed: Lazo.

Agenda Item #3. Consider and accept the minutes of the following meetings:

  • December 13, 2006 - Council of the Whole. A motion was made by Councilor Langevin, seconded by Councilor Livengood, to accept these minutes. Vote by show of hands, unanimous in favor.

  • December 18, 2006 - Town Council Public Hearing. A motion was made by Councilor McDonald, seconded by Councilor King, to accept these minutes. Vote by show of hands, unanimous in favor.

  • December 18, 2006 - Town Council. A motion was made by Councilor Lazo, seconded by Councilor Nikolla, to accept these minutes. Vote by show of hands, unanimous in favor.

Agenda Item #4. Subcommittee Reports:

  • a. General Government. Councilor King read the minutes of the 1/3/07 meeting, and stated another meeting would be held on 1/18/07, at 7 p.m. in the Rice Conference room.
  • c. Education and Human Services. Councilor Nikolla stated there was a meeting to be scheduled soon.
  • d. Planning and Development. Councilor Livengood read the minutes of the 1/4/07 meeting.
  • e. Protection of Persons and Property. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.
  • f. Town Manager. Councilor McDonald stated there were no minutes to read and no meeting was scheduled. Chairman Chernisky asked the subcommittee chairman to schedule a meeting soon to discuss the Town Manager's contract.

Councilor Lazo arrived at the meeting at 7:10 p.m.

  • b. Department of Public Works. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements.

Chairman Chernisky welcomed everyone into the new year.

Chairman Chernisky introduced the new State Representative Geraldo Alicea, who thanked Southbridge for giving him the opportunity to represent him. He pledged to the town that he would be accessible. He stated if anyone wanted to reach him, to call him at (617) 722-2425, ext. 7302. Mr. Alicea stated he would be scheduling office hours.

Agenda Item #6. Town Manager Announcements.

Mr. Carlisle wished everyone from the Eastern Orthodox faith a happy Christmas season, as on the Gregorian calendar Christmas occurred last Saturday.

Mr. Carlisle stated Attorney Lauren Goldberg of the Town's law firm of Kopelman and Paige had finished the amended draft of the Town's proposed new bylaws, and each Councilor was now being provided a copy of the original draft submitted by the Bylaw Review Committee and a copy of the annotations made by Attorney Goldberg, for final review. Mr. Carlisle stated the Town Library and the Town Clerk's Office would also each have a copy of these two documents for the public's review.

Mr. Carlisle described the progress towards making Prince Road a public road. Mr. Carlisle stated the history on this progress goes back some 15 years, and presently the Town was accepting an offer from the owners of the land underneath the road to convert this to a public way. Mr. Carlisle stated Kopelman and Paige was pursuing six property owners that have paper drainage easements allowing the road to drain onto their private property. Mr. Carlisle stated the easterly cul-de-sac was being examined from the standpoint of title, to assure this is part of the offer.

Mr. Carlisle stated regarding Hillcrest Ave, 8 to 10 acres of land had been surveyed, and potential buyers of this town-owned property had been identified. Mr. Carlisle stated the property disposal needed endorsement by the Planning Board for minor changes made, and the master parcel of this Town-owned land was a 6 to 8 acre parcel which would be offered up for sale in the most advantageous of the legal methods available to the Town.

Agenda Item #7. Citizens' Forum.

John Gatti of Briarwood Ave stated the Town needed to move slowly in its dealings with Casella.

Dolores Larochelle of Briarwood Ave stated meetings held by the Town Council needed to be better advertised.

Agenda Item #8. Vote to amend the vote taken on December 18, 2006, under Agenda Item No. 4 - Added Agenda Item, to read as follows: Vote that the new Town by-law go into final effect on February 28, 2007, with the exception of Section 7-506, regarding overnight camping in the Town of Southbridge, which is effective September 25, 2006. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #9. Vote to confirm the Town Manager's appointment of James A. Dyer to the Economic Development Commission for the Town of Southbridge for a two-year term to expire June 30, 2009. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #10. Vote to ratify the renewal of the License Agreement with Jeff Tasse, Trustee of Acoma Realty Trust in the amount of $3,600.00 for the ten (10) parking spaces currently used by Town Hall employees. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item.

Councilor Lazo expressed his concern regarding whether the structural integrity of the overhead structure was such to ensure the safety of Town Hall employees who parked beneath, and also the lack of lights for those employees going from and to their cars.

Agenda Item #10. Vote by show of hands, motion passes.

Agenda Item #11. Vote to ratify a Goods and Services Agreement with Toomey Water Services Inc. in an amount not to exceed $20,000.00 for the supply of water meters and appurtenances. A motion was made by Councilor Marcucci, seconded by Councilor Lazo, to vote this item. Councilor Ferron asked where the funding was coming from, and Mr. Carlisle stated from the Water Enterprise appropriation. Vote by show of hands, unanimous in favor.

Agenda Item #12. Vote to ratify a Goods and Services Agreement with R.H. White Construction Co., Inc. in the amount of $9,897.55 for Cohasse Dam Valves. A motion was made by Councilor Livengood, seconded by Councilor King, to vote this item.

Councilor Lazo questioned whether there was a conflict of interest with this bidder, and whether or not more bidders could be found. Further discussion was held regarding this. Councilor McDonald made a motion to table this item and refer it back to DPW Subcommittee for discussion, seconded by Councilor Nikolla. Vote by show of hands, unanimous in favor.

Agenda Item #13. Vote that the Town of Southbridge acquire at no cost to the Town, the real estate and property shown as Lot 1 on a plan entitled "ANR Plan of Land Own by Fiske Hill East Realty Trust Located Off: Crestwood Drive, Southbridge, MA 01550 Worcester County" prepared by Bertin Engineering Associates, Inc. and dated December 11, 2006 (the "Plan"). Said Lot 1 is a portion of the real estate owned by Daniel Flynn, Trustee of Fiske Hill East Realty Trust ("Grantor"), under Declaration of Trust dated October 3, 2003 and recorded at the Worcester District Registry of Deeds in Book 32421 Page 224, said real estate being more fully described in a deed dated December 9, 2003 and recorded at Book 32421 Page 230. Said Lot 1 consists of 1.05 acres of undeveloped land. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #14. Vote that the Town of Southbridge grant an access and utility easement to the Grantor over a parcel of property known as Parcel 1 as shown on the above plan on such terms and conditions as determined by the Town Manager. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #15. Vote that the Town of Southbridge receives an access and utility easement from the Grantor over a parcel of property known as Parcel 2 as shown on the above plan and on such terms and conditions as determined by the Town Manager. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #16. Vote that the Town Manager is hereby authorized and empowered to sign, seal and deliver an Easement Deed and any other documents in the name and on behalf of the Town Council, so long as the same is consistent with the terms of this vote. A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item. Councilor Ferron stated he was not happy with the idea of turning over full power to the Town Manager to do whatever he wants on anything. Mr. Carlisle stated the basis for this structure of proceeding was the Town Charter, and the attorneys had crafted the language for this vote based on this. Vote by show of hands, unanimous in favor.

Agenda Item #17. Vote that the Town Council of the Town of Southbridge hereby confirms and re-accepts the altered layout of Main Street and the altered and relocated layout of Foster Street as voted under Agenda Item #12 on March 8, 2004 and filed with the Town Clerk, as shown on a plan entitled "Plan of Land in Southbridge, Massachusetts surveyed for Savers Co-operative Bank Owner and First Baptist Society of Southbridge Owner," dated October 3, 2002, revised December 15, 2003, prepared by Para Land Surveying, Inc., recorded with the Worcester South District Registry of Deeds in Plan Book 804, Plan 117 (the "Layout Plan"), as laid out by the Town Council and filed with the Town Clerk, and further authorizes the Town Manager to acquire from Savers Cooperative Bank, by gift or eminent domain, three (3) certain parcels of land located on Main Street and Foster Street and shown as Parcel "1A," Parcel "2a," and Parcel "3A" on the Layout Plan

2/3 roll call vote required

A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes.

Agenda Item #18. Vote that the Town Council of the Town of Southbridge hereby takes the fee interest in the parcels of land located in the Town of Southbridge, Worcester County, Massachusetts, being further described as follows:

    the parcels of land located on Main Street, Southbridge, Massachusetts and shown as Parcel "1A," parcel "2A," and Parcel "3A" on a plan entitled "Plan of Land in Southbridge, Massachusetts surveyed for Savers Co-operative Bank Owner and First Baptist Society of Southbridge Owner," dated October 3, 2002, revised December 15, 2003, prepared by Para Land Surveying, Inc., recorded with the Worcester South District Registry of Deeds in Plan Book 804, Plan 117 (the "Layout Plan");

    for the purpose of alterning the layout of Main Street and altering and relocating the layout of Foster Street as shown on said Layout Plan, and for all purposes for which public ways are used in the Town of Southbridge;

    and further, that the Town Council shall execute an order of taking for said parcels of land; and further, that no damages are awarded as stated in the order of taking;

    and further, that the Town Manager is authorized to record the order of taking with the Worcester South District Registry of Deeds within 30 days.

A motion was made by Councilor Marcucci, seconded by Councilor McDonald, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #19. Councilors' Forum

Councilor Nikolla wished everyone a happy new year. She also welcomed Geraldo Alicea as the next State Representative for Southbridge.

Councilor Nikolla stated the Downtown Partnership was holding a formal function on 1/14/07, at Notre Dame Hall, with a band performing from 5:30 to 9 p.m., cocktails at 6:30 p.m., and dinner at 7:30 p.m., for a cost of $75, to promote downtown causes. Councilor Nikolla urged anyone interested to contact Margaret Forand at (508) 765-0601.

Councilor Marcucci asked Mr. Carlisle how many hearings had the Municipal Hearing Officer actually conduted, and Mr. Carlisle stated not many, with one difficulty being the cloud hanging over the existing bylaws.

Councilor Marcucci stated the Inspections Department office was overburdened, and during the next budget cycle she wanted the town to add a person in this office.

Councilor King thanked the Health Inspector, the Board of Health, the Police Department, and everyone else who had helped resolve one of the Town's biggest distractions.

Councilor Lazo also thanked every who had been involved in remedying the problem of the van people without incident.

Agenda Item #20. Discussion of the next meeting date. Councilor Ferron recommended 1/22/07, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor.

Councilor King made a motion to adjourn, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor. The meeting adjourned at 8:07 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk





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